Team News Riveting
Mumbai, March 29
A Mumbai court acquitted a doctor accused of committing unnatural offences against a man who failed to recognise the offender who was wearing a personal protective equipment (PPE) kit.
The victim was working as the Human Resources head at a hospital. According to his complaint, he was taken to the hospital’s ICU unit with symptoms of COVID-19. The man alleged that the doctor was engaged in improper sexual activity while examining him.
Acting on the complaint, Agripada police station lodged offences under Sections 377 (unnatural offence), 269 (negligent act likely to spread infection of illness dangerous to life), and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code. The doctor was arrested and later released on bail.
The victim informed the Court that when the doctor arrived to examine him, he handled his body abnormally. He awoke and noticed that the doctor was wearing PPE Kit. He also stated that he was unable to comment on what was strange about the doctor’s actions. He was in deep rest and not feeling good when the doctor touched his body.
According to his statement, when he reacted, a nurse and two on-duty physicians rushed. They assured that they would look into the matter.
However, the victim did not reveal the specifics of the sexual assaults in the court.
“It is required to note that, the victim has not disclosed what type of sexual abuse happened with him and whether it is at the hands of accused. But, in the FIR and thereafter in the statements of witnesses including victim, the details of sexual abuses are mentioned. But its source is not brought on record,” noted Magistrate Pravin Modi.
The Court observed that as per evidence of victim, the doctor came to examine him wearing PPE Kit. “If the incident mentioned in FIR is considered, it creates doubt whether any person after removing PPE Kit commit such types of acts during the surge of COVID-19,” the court said.
It, therefore, acquitted the accused doctor of all the offences registered against him.
