Goa court grants bail to doctor accused of sexual assault on ICU patient

While hearing the case, Additional Sessions Judge Vijaya Ambre observed that even after 24 days of the doctor’s arrest, the police had failed to record the statements from either the accused or the victim. 

"The Investigating Officer (IO) had not recorded the statement of the accused but got him medically examined soon after his arrest on September 11. Also, the victim is back in her country, Morocco," the court noted in its order. 

Also read- Goa doctor arrested for alleged sexual assault on ICU patient

Medical Dialogues had reported about the incident in which the Goa police arrested a 28-year-old doctor for allegedly inappropriately touching a Spanish woman inside the intensive care unit (ICU). The doctor, who was on duty, was arrested after the sister of the Spanish patient filed a complaint.

As per the complaint, the alleged incident took place on August 31, when the patient was admitted to the ICU of the private medical facility in Old Goa. The accused doctor lifted her hospital gown and allegedly touched her inappropriately. The complaint stated that the doctor touched her “private area” under the pretext of feeling sensation for conducting a neurological sensitivity examination, while she was immobile and in a vulnerable condition.

After the matter was taken to court, the accused doctor submitted a bail application. In his plea, he claimed that he was falsely implicated in the case and was innocent. He informed the court that he is a medical professional with “an unblemished past” and no criminal antecedents.

While reviewing the application, the judge noted that the investigating officer had requested the victim’s presence for medical and forensic examinations, but her sister informed police that the woman was too fragile and under delicate treatment. She said the victim, who was undergoing plasmapheresis sessions, became extremely stressed when the issue was raised and hence could not be questioned. As a result, the case did not progress, and the accused doctor was in custody for 24 days. 

“Victim is in Morocco at present, not available for recording her statement and also for medical examination... 24 days have passed for the accused to be in custody (police custody and subsequent judicial custody) and IO could have very well recorded the statement of accused as well of other staff and also ought to have conducted a scene of offence panchanama by now,” reads the order.

"The complainant replied to a police request dated September 12 that her sister is currently undergoing very delicate treatment and is very fragile and they cannot bring up this topic with her again because she does not want to talk about it, as it causes her a great deal of stress. She cannot be exposed to any stress and therefore, they have decided not to discuss the matter with her till her plasmapheresis sessions are completed. The complainant also stated in her reply that an undated complaint of the victim was given to the police, which was written by the victim,” the Court said, quoting the survivor’s sister as reported by The Goan.

Judge Ambre observed that the victim’s condition and her unavailability for statement and medical examination made it difficult to establish a prima facie charge of rape at this stage. Therefore, the court explained that releasing the doctor on bail would not create fear among hospital staff.

“The statement of the complainant itself shows that the victim was not available to give her statement and to undergo medical examination as required under the law. The objection of IO that releasing the accused will create fear in the minds of subordinate staff is not tenable,” the court held.