No relief for AIIMS doctor in Rape Case, Court rejects Exemption plea

New Delhi: A Delhi court has dismissed a plea of a professor of Neurosurgery at the All India Institute of Medical Sciences (AIIMS), New Delhi, seeking permanent exemption from personal appearances in a rape case filed against him by a colleague.

The court said that allowing the application would shatter the complainant's trust in the criminal justice system, while the accused's presence would not cause him any undue hardship.

Additional Sessions Judge Sugandha Aggarwal was hearing the plea of Dr Deepak Gupta, a professor of Neurosurgery, against whom the Hauz Khas Police Station registered a case under sections 376, 377, 313 and 506 of the Indian Penal Code, news agency PTI reported.

In a recent order, the court rejected Dr Gupta's argument that he had to cancel the outpatient department appointments and operations of critical patients to attend the court proceedings.

Also Read:Supreme Court rejects review plea, says no exemption for doctors under CPA

"Admittedly, the accused is a professor also, teaching students, attending seminars and conferences, which shows that besides the court hearing, the accused has to travel to different places to discharge his duties and at that time also, he is absent from the hospital," the court said.

"Therefore, it cannot be said that merely because he has to attend the court hearing, it is only then that he is not available for his patients," it added.

The court said that the date of the hearing was communicated in advance and the accused had sufficient time to schedule the operations accordingly, and he did not have to prejudice the patients by rescheduling or cancelling the medical treatment at the last minute.

"In the present case, there are grave allegations against the accused wherein complainant has urged that despite being such distinguished doctor, he had committed rape upon her on the false promise of marriage," the court said.

"In these circumstances, if the applicant is granted permanent exemption from his personal appearance, the same will shatter the trust of the complainant in the criminal justice system, whereas the presence of the accused in the court on each and every date of hearing would not cause any undue hardship or prejudice to him. Hence, the present application is dismissed," it added.

The accused's plea said that he had "earned global acclaim for his unparalleled expertise in the field of neurosurgery" as "a distinguished neurosurgeon" and that attending the hearings was "at the cost of discharging his public duties", reports PTI.

The public prosecutor opposed the plea, saying as the accused was working in a government hospital, other doctors were deputed on duty in his absence to attend to the patients.

Noting that the Delhi Police had filed a supplementary chargesheet, the court posted the case for the arguments on charges on April 16.

Setting the stage for trial, a magisterial court had taken cognisance of the charges against the doctor on January 23 this year.

The original rape complaint was filed in July 2023, accusing the doctor of multiple offenses, including rape.

In December 2024, another case was registered after the complainant reported threats from the accused and his associates.

The third FIR in connection with the case was registered on February 14 this year after the 39-year-old AIIMS doctor alleged fresh threats.

She alleged that she received threatening calls while heading to the hospital. The caller allegedly warned her to withdraw the case, threatened to kill her and claimed to know about her movements.

Also Read:RG Kar Corruption Case: Court rejects CBI's chargesheet against Sandip Ghosh