Nurse sentenced to 5 years in jail for molesting ICU patient at Mumbai Hospital

Mumbai: A 31-year-old male nurse has been sentenced to five years of rigorous imprisonment by a sessions court for molesting a woman patient in the intensive care unit (ICU) of a private hospital in Chembur in 2016, with the court observing that he had taken advantage of her vulnerable condition while she was undergoing treatment.

According to the news reports, Additional Sessions Judge V B Bohra convicted the accused for sexually assaulting the woman at a private hospital, where she had been admitted with acute abdominal pain. The court also imposed a fine of Rs 25,000, of which Rs 20,000 will be paid to the victim as compensation if recovered. The accused was granted a set-off for the period he had already spent in custody, from October 14 to November 15, 2016.

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Rejecting the defence's plea for leniency, the judge observed that the conduct was particularly serious given the accused’s position as a healthcare professional.

The judge said, “The act of the accused was very, very serious.” The judge also noted that the victim was in the ICU in unbearable abdominal pain and under medication, and he “had taken disadvantage of her situation and committed the crime of molestation”, according to a report by TOI.

According to the prosecution, the woman had travelled from Kerala to Mumbai on October 13, 2016, and was admitted to the hospital after developing abdominal pain and vomiting.

After receiving medication, she became drowsy. Between 2 am and 3 am, she reportedly felt someone touching her chest and body. When she awoke, she saw the nurse nearby.

The accused allegedly told her that he was preparing her for an ECG. She further alleged that he gave her another tablet and, after she lost consciousness again, removed her T-shirt and touched her inappropriately.

The following morning, she informed doctors about the incident. Hospital staff subsequently checked her medical records and found no entry indicating that an ECG had been performed or that the additional tablet had been administered.

The Hospital also reviewed CCTV footage, which allegedly showed the accused molesting her, and informed Chembur police station with her consent.

Public prosecutor K Y Salunkhe examined eight witnesses, including the victim, her friend, doctors and police personnel.

The court noted that the prosecution had established that the accused was employed as a male nurse at the hospital and was on ICU duty at the relevant time.

Judge Bohra relied on the victim’s testimony, statements from doctors and hospital staff, and CCTV footage collected during the investigation.

Finding the victim’s evidence credible, the court said there was no previous enmity and no reason for her to falsely implicate the accused. Rejecting the defence’s attempt to question her account because she had described herself as unconscious or drowsy, the court observed, “Generally, a woman, that too young and unmarried, would not take risk of putting her reputation at stake by making such allegations,” reports TOI.

The judge further rejected the defence’s reliance on a letter in which the woman had sought to withdraw her complaint, noting that she had cited ill health and her inability to travel from Kerala to Mumbai. She eventually appeared before the court and testified consistently with her complaint.

The accused denied the allegations and claimed that he had been falsely implicated. While admitting that he had worked at the hospital as a male nurse for three to four months before the incident, he alleged that the CCTV footage had been fabricated, manipulated and edited.

The court found no material to substantiate the claim of manipulation. It observed that footage recorded between 3.30 am and 3.50 am showed the accused molesting the patient.

The judge also held that the victim’s testimony, supported by other witnesses, was sufficient to establish the offence even without the CCTV footage.

However, the court did not accept the prosecution’s allegation that the accused had administered poison or an intoxicating, stupefying or otherwise unwholesome substance to the woman.

The judge noted that the victim’s blood sample had not been collected for chemical analysis and that the prosecution had failed to produce sufficient medical evidence to establish the allegation.

The conviction and sentence relate to the proven charge of molestation, while the allegation concerning the administration of a harmful substance was not established in court.

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