Bombay High Court grants bail to doctor accused of raping minor in 2018

In her complaint, the victim said her mother was suffering from HIV and was being treated at the civil hospital by the doctor. She said the two were attracted to each other and in December 2018, she accompanied the doctor to his house where she started feeling giddy. Once she came to, the man confessed that he had established a physical relationship with her. As per the complaint, he also told her that he had done the same on two previous occasions as well.

Later, when she took the help of the women’s cell and confronted him, he expressed willingness to marry her once she was an adult. However, when the issue was referred to the Child Welfare Committee in November 2021, it recommended registration of the complaint. The applicant was arrested and a chargesheet was filed.

Advocate Sudeep Pasbola for the applicant stated his attendance records showed he was in the hospital on the dates the victim claimed he had raped her.

After perusing material on record, the bench noted, “When the chargesheet is perused, there is no reason as to why the victim and her mother kept quiet despite gaining knowledge that her pregnancy, which was attributed to the applicant, was aborted and it is only after almost three years, the incident is reported with the help of the witnesses working in Women Cell.”

“…Apart from this, there is no medical report of abortion or heavy bleeding placed in the charge-sheet…” the bench held.

Disposing of the plea, the bench allowed release on cash bail of Rs 50, 000 and directed the doctor to stay away from the victim and attend the trial on a regular basis.