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The court found a prima facie case exists against the doctor for trial. (Source: Generate by AI)
A special court this week rejected the discharge plea of a doctor, booked for allegedly aiding a teacher in a sexual assault case of a 17-year-old boy. The two women were booked by the Mumbai police in July last year. The court said that while deciding whether to discharge the accused, the test wasn’t whether the prosecution would ultimately succeed in proving the charge, but whether there exists a prima facie case warranting trial.
In July 2025, the police had arrested a 40-year-old woman on charges of sexually assaulting a minor boy at a school she was earlier teaching at. The police had also booked her friend, a doctor, claiming that she had prescribed medicines for the boy, which allegedly allowed the teacher to coerce him into submission.
The doctor in her discharge plea said that she never knew the victim, nor did she ever interact with him. She was unaware of the relationship between the victim and the co-accused until her arrest in connection with this case. She has no knowledge of medicines and has never given or prescribed any medicine to anyone, the plea said.
The police opposed the plea, while the victim did not file a reply. The court said that under the Protection of Children from Sexual Offences Act, the burden of proof is on the accused. “Therefore, pleas of false implication, absence of corroboration, or improbability of the incident cannot be considered at the discharge stage; such defences are matters for trial,” the court said in the order passed on February 10. It said that the doctor’s claim that she has an alibi and there is no overt act on her part are matters that require evidence and cross examination during the trial and are not grounds for discharge at this preliminary stage.
“…the statement of the victim discloses involvement of this accused, thereby necessitating trial,” the court said.
Both the women were granted bail by the court in July 2025. The trial is yet to begin.
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