A 60-year-old doctor accused of the rape of a widow employed at Delhi government’s ayurvedic hospital has been discharged by a court here as the victim had committed suicide two months after the alleged incident.
Additional Sessions Judge (ASJ) Virender Bhat discharged Dr Nand Kishore,presently an assistant project director at Chaudhary Brahm Prakash Ayurvedic Charak Sansthan in West Delhi,from the offence of raping the 25-year-old woman.
The court discharged the doctor saying the victim cannot depose in the case as she had committed suicide two months after reporting the matter to the police.
“Infirmities could have been cured by the unimpeachable testimony of the prosecutrix in court. But as she is no more,even if the case is put to trial,the victim cannot be brought to testify as she has already left for the heavenly abode. She would have been the star witness for the prosecution.
“Her evidence was the substantive piece of evidence and that alone carried weight. Other documentary as well as oral evidence,which would be lead by the prosecution,would only be of corroborative nature,” ASJ Bhat said.
“What seems to be more intriguing is that victim did not subject herself to the medical examination (after complaining of the incident),” the court noted.
The widow had in March 2011 accused the doctor of raping her. The widow,having a five-year-old son was employed as a class IV employee in the hospital for past seven months.
“After 15 to 20 days of getting the said job,the accused called her to his office and asked her about the death of her husband,her family and also made comments about her beauty,” the woman had stated in her complaint.
The woman had stated that on that day the doctor called her to his office and raped her while assuring her a permanent job.
She said it was only after few months that she realised she was being sexually abused and that is when she got suspicious that her job would not be regularised.
The woman had committed suicide on May 18,2011 after her statement was recorded before the concerned magistrate. The accused doctor came to be arrested on May 20,2011.
The court,however,said,”Even if the infirmities in the prosecution case,as pointed out herein above,are ignored,still I find that it will only be a futile exercise to put the accused on trial in this case.”
It said since the victim,who invariably is the main witness in cases relating to sexual offence,is not available for her deposition,it will be impossible for the prosecution to prove the charges against the accused and the trial would mean only sheer wastage of time and expense.
The court also said that no other witness cited by the prosecution in the chargesheet has witnessed the alleged sexual encounters between the accused and the complainant.
“In my opinion,it is highly unlikely that the trial,if conducted,would result in the conviction of the accused. Even if the material on record remains unrebutted and is taken on its face value,still conviction would not be the result,” the court said,while discharging the accused doctor.
The judge also noted that it did not find any concrete evidence regarding the sexual potency of the accused.
“The accused being about 60 years of age and suffering from diabetes for long,it is necessary to get prima facie satisfaction about his sexual potency,before charges for committing rape can be framed against him.”
The court also pointed out discrepancies in the complaint and said,”I also find the contents of the complaint of the victim confusing and not very clear. On one hand,she claims to have been sexually abused by the accused for the past several months and at the same time she states that one day,accused called her to his office and committed rape upon her.”