The Bombay High Court recently granted relief to a doctor by dismissing an alleged rape case lodged against him with the complainant's consent.
Although the court imposed a fine of Rs 5 lakh on the doctor and directed him to pay the amount to an advocates' association. The bench granted relief to the doctor after taking note of the fact that there was sufficient material to show that their relationship was consensual and also considering the affidavit filed by the complainant stating that she had no objection to quashing the proceedings.
The HC bench, comprising Justices Prakash Naik and Nitin Borkar, mentioned in the order dated February 8, 2024, that the material on record would indicate that the victim was in the company of the accused. She volunteered to do so. The relationship was apparently consensual. The court was hearing an appeal filed by the Bandra-based doctor seeking quashing of the case by consent.
The FIR was registered against the doctor on May 24, 2023, by the Khar police station. He was booked under IPC sections for rape, outraging the modesty of a woman, and criminal intimidation. The complaint includes that, she accompanied the doctor to a hotel and both consumed alcohol on May 21, 2023. She alleged that the doctor allegedly sexually assaulted her while she was under the influence of alcohol.
After investigating the case, on June 20, the police filed a charge sheet, and later on, the doctor was granted anticipatory bail by the session court. Afterward, the doctor approached the HC bench and stated that the misunderstanding between the parties had been resolved and urged the court to quash the proceedings with the consent of the complainant. The woman also filed an affidavit and stated that she did not have any objection to quash the proceedings.
Taking note of this, the HC bench stated that the victim intends to move ahead in life. The pendency of proceedings would disturb her peace.
The hospital's report on the alcohol test was negative. At this outset, it was concluded that the photographs that are part of the charge sheet about the presence of the victim and accused on the hotel premises indicate that both were enjoying their company.
Additionally, attributing to the statement of a friend of the woman who had accompanied her and the doctor, the court concluded that the woman left their company and chose to accompany the doctor. She also refers to a conversation between them, which indicates that the victim did not return home immediately. The woman intended to give an excuse.
The court also took note of the statements of other witnesses recorded by the police. The HC bench mentioned that the complainant reiterated that she had no objection to quashing the proceedings.
(Input from various sources)
(Rehash/Komal Bhoi/MSM)
