Bombay HC Quashes Rape Case Against Doctor, imposes Rs 5 lakh fine

Mumbai: Granting relief to a doctor, the Bombay High Court recently dismissed an alleged rape case lodged against him with the complainant's consent. However, the court imposed a cost of Rs 5 lakh on the doctor and directed him to pay the amount to an advocates' association.

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 for quashing the proceedings, the bench granted relief to the doctor.

"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 HC bench comprising Justices Prakash Naik and Nitin Borkar mentioned in the order dated 08.02.2024.

The court was hearing a plea filed by the Bandra-based doctor seeking quashing of the case by consent, adds UNI.

Also Read: AIIMS Doctor Rape Case: Women rights body demands action against Delhi Police

As per the latest media report by the Times of India, the FIR was lodged against the doctor on May 24, 2023 by Khar police station. He was charged under Indian Penal Code sections for rape, outraging the modesty of a woman and criminal intimidation. In her complaint, the woman said that on May 21, 2023, she accompanied the doctor to a hotel and both consumed alcohol.

She claimed that while she was under the influence of alcohol, the doctor allegedly sexually assaulted her. After investigating the matter, the police filed a charge-sheet and later on June 20, the doctor was granted an anticipatory bail by the sessions court.

Thereafter, the doctor approached the HC bench and stated that the misunderstanding between the parties has been resolved and urged the court to quash the proceedings with the consent of the complainant. 

Meanwhile, the complainant woman also filed an affidavit and stated that she did not have any objection to quash the proceedings against the doctor. Taking note of this, the HC bench observed, "The victim intends to move ahead in life. The pendency of proceedings would be disturbing her peace."

The bench took note of the fact that the hospital report on the alcohol test was negative. At this outset, the bench observed, "The photographs which are part of the charge sheet about presence of victim and accused in the hotel premises where the alleged incident had occurred indicate that both were enjoying their company."

Further referring to the statement of a friend of the complainant who had accompanied her and the doctor, the bench noted, "She left their company. The victim did not join her and chose to accompany the accused. She also refers to a conversation between her and the victim which indicates that the victim did not return home immediately. The victim intended to give an excuse for being out by alibi."

Apart from this, the court also took note of the statements of other witnesses, which were also recorded by the police. The judges mentioned that the complainant, who was present in the court, reiterated that she had no objection to quash the proceedings.

Therefore, the bench observed, "Considering the aforesaid factual aspect, the impugned proceedings can be quashed with the consent of the victim."

Although the bench allowed the doctor's application, it issued direction to him to pay Rs 5 lakh to Advocates Association of Western India Generation Next within 4 weeks and submit the receipt in the registry of the High Court.

Also Read: Doctor did the right thing! HC drops case against doctor who performed MTP On Rape Survivor Without Court Order