Magistrate's court acquits doc accused of sexual assault on male covid patient
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March 28 2022 monday 02:28 pm /IST posted BY : Newsflixall.com
A 35-year-old doctor, an MD, booked in May 2020 for sexual assault on a male Covid19 patient, was acquitted of the charges by a magistrate court. The court concluded that the evidence does not inspire confidence that the accused had sexually abused the victim.
The victim, in his mid40's, had not supported the case during trial. He had appeared before the court for testimony and made an application to compound the offence. Compounding involves being permitted to withdraw the complaint or to settle the matter outside court. The court had not permitted this as the of fences the doctor was booked for were of a serious nature, including that under Indian Penal Code section 377 (carnal intercourse against the order of nature).
As per the victim's statement to the Agripada police, he was admitted in the ICU ward of Wockhardt hospital due to COVID symptoms. On May 1, 2020, the doctor who was on duty at the ward, had sexually assaulted him when he had come to check him. He had written a complaint to the hospital, which in turn, lodged a police complaint based on this letter. The victim's statement was first recorded by the police and later before a magistrate. The hospital had terminated the doctor's services who had joined it only a day before the incident. He was arrested after completing his quarantine period at his residence and had subsequently secured bail.
Evidence not inspiring confidence, the court said while acquitting the doctor
booked under IPC section 377
During the trial the victim deposed that a doctor who had come to check him had made abnormal touch to his body. He said he had seen a doctor in a PPE kit, but said he could not identify him. He didn't narrate the details of the act before the court and also denied having narrated the sexual act as mentioned in his statement recorded by the magistrate. The hospital's HR head had testified as a witness and told the court that the doctor had admitted to the act by a document. The court said on perusal, the document's genuineness appears to be doubtful.
In the order, metropolitan magistrate Pravin P Modi stated, "If the incident mentioned in FIR is considered, it creates doubt whether any person after removing PPE kit would commit such type of act during the surge of COVID19." the magistrate said. The court said that considering the evidence and the documents, they are not inspiring confidence that the accused had sexually abused the victim.
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