Booked for ‘assaulting’ doctor at Mumbai hospital, 2 acquitted due to lack of evidence

The Sion police filed a complaint under sections 353 (use of force against a public servant), 332 (voluntarily causing hurt to deter a public servant from duty) of the Indian Penal Code along with relevant sections of the Maharashtra Medical Service Persons and Medicare Service Institutions Act, 2010.

During the trial, the court examined four witnesses, including the doctor, a nurse who said she had not seen the actual incident, another staffer and the investigating officer. The prosecution also relied on the medical report which showed that the doctor had suffered from facial trauma. It said there was no reason for the doctor to falsely implicate the two accused. The court, however, said there were discrepancies in the statements of the doctor and the other staffer, who was an eyewitness.

The court said that the hospital staffer had not stated specific acts committed by the accused. It added that while the incident took place in August 2014, the statements were recorded only in January 2015 and the FIR too was recorded after more than 11 hours. The court also said that while the doctor claimed that he had gone to the police station immediately after the incident, the police report showed that the FIR was recorded only at 8.25 pm.

“The alleged incident of assault took place in the hospital. However, investigating officer has not recorded the statement of any independent witness,” the court pointed out. It also said that the medical certificate was not clear as to when the medical officer examined the doctor.

“There is an inordinate delay in recording statements of eyewitnesses. There is also an inordinate delay in giving the report. Investigating officer has not collected CCTV footage. The oral evidence of the informant is not supported by medical evidence,” the court said in its order last month.