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The petitioners argued that the identity of the de facto complainant could not be determined from the videos or images and, therefore, requested that the proceedings be quashed
The Kerala High Court has dismissed a petition filed by a doctor and hospital staff seeking to quash proceedings initiated against them for allegedly taking and sharing videos and images of a woman undergoing a cesarean operation to deliver triplets through WhatsApp.
Justice A. Badharudeen, presiding over the court, observed that a prima facie case was made out against the petitioners involving serious allegations. “The WhatsApp videographs and photographs of the cesarean procedure sent by the accused were collected during investigation to justify the involvement of the petitioners in this crime, prima facie. Thus the matter shall go for trial,” the court noted.
The petitioners, an Anesthesiologist and a hospital staff employed at the Government Taluk Hospital, Payyannur in Kannur district, were accused of videographing and taking images of the cesarean operation and sharing them through WhatsApp without the woman's consent. The crime was registered against the doctors under Section 354(C) (Voyeurism) of IPC, Sections 66(E) (Punishment for violation of Privacy) and 67 (Punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act.
The petitioners submitted that the identity of the defacto complainant could not be ascertained from the videos or images and thus sought to quash the proceedings. However, the Public Prosecutor opposed quashing the proceedings and stated that the petitioners outraged the modesty of the de facto complainant by sharing images and videos of her undergoing a cesarean operation.
However, the Public Prosecutor opposed quashing the proceedings and stated that the petitioners outraged the modesty of the de facto complainant by sharing images and videos of her undergoing a cesarean operation.
The Court, after considering the arguments presented, dismissed the petition, stating that “In such a case, involving very serious offences, quashment of the proceedings could not be resorted to.”
Cause Title : SUNIL P.P v STATE OF KERALA [Crl.M.C.No.4223 of 2022-G]
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