The Kerala High Court recently declined to quash the criminal proceedings against a doctor and a hospital staff member who were charged after taking and sharing pictures and videos of a woman undergoing cesarean surgery via WhatsApp.
A single bench of Justice A. Badharudeen reviewed the prosecution records, witness statements, and evidence collected during the investigation, concluding that there was prima facie strong evidence against the accused.
The order was passed in response to a petition filed by the doctor and hospital staff seeking to dismiss the criminal proceedings initiated against them for allegedly committing offenses punishable under Sections 354(C) (voyeurism) of the Indian Penal Code (IPC) and other provisions of the Information Technology Act.
Both petitioners worked at the Government Taluk Hospital in Payyannur, where the woman delivered triplets via c-section.
One of the petitioners allegedly recorded a video of the surgery, while the other took 19 photographs, all of which were shared through WhatsApp. As part of the investigation, these items were recovered by the police from the mobile phones and tablets of the petitioners.
Before the High Court, the petitioners contended that the prosecution records did not indicate the commission of the alleged offenses and argued that the victim could not be identified from the material collected from their devices. However, the prosecution countered that there was ample material to prima facie establish the commission of the offenses and that the case warranted a trial.
After reviewing the material on record, the Court agreed with the prosecution and dismissed the petition.
