The doctor had contended in the petition that she had not performed the operation.
The High Court of Karnataka has refused to quash an FIR against a doctor, who allegedly performed sex-change operation on a minor boy.
The court refused to entertain the petition by the doctor from K R Pet, who is one of the accused in the case, wherein the minor was abducted by transgenders to be used for prostitution and for extortion.
The case is now being investigated by the CID.
Refusing the petition by Dr Anitha Patil, the High Court Bench of Justice Suraj Govindraj, in its recent judgment, said, “The allegations are that the said operation has been conducted without the consent of the said (minor) and that he could not have consented since he was a minor at that point of time. These are matters which are required to be strictly left for trial with all defences left open for the petitioner to be agitated before the trial court.”
The doctor had contended in the petition that she had not performed the operation. It was also contended that an opinion of another doctor has to be obtained before the filing of a complaint against a doctor. In this case, it was alleged that the investigating officer had not done so even before filing the charge sheet.
The High Court, however, pointed out that the opinion of another doctor is sought when there is an allegation of medical negligence by a doctor, but in the present case, the “allegation is of forcible sex change operation which is a criminal offence both under the IPC and under the POCSO Act.” The original complaint was filed by the grandmother of the victim on February 11, 2018.
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