Kochi doctor assault case: Court directs police to file counter-affidavit on anticipatory bail plea
Kochi: In a recent development in the Kochi doctor assault case, the Ernakulam District and Sessions Court on Tuesday directed the police to file a counter-affidavit on the anticipatory bail plea of a doctor accused of raping a 50-year-old woman. The court is likely to take up the plea this week.
In his anticipatory bail petition, the 41-year-old doctor has disputed the woman's account of their meeting at a hotel in Kakkanad on October 10. He contends that voluntarily consuming alcohol and sharing a hotel room do not, by themselves, establish rape under the Bharatiya Nyaya Sanhita (BNS).
The case of sexual assault was registered by Infopark Police on November 6 under Section 64 of the BNS. According to the woman's statement to police, she had known the doctor for nearly a year and considered him her family physician.
The petition states that she contacted him on October 10 seeking a medical certificate for her daughter and later met him while attending an office event at a hotel in Kakkanad. They allegedly went to a bar, where both consumed alcohol, before leaving for a hotel room.
The woman alleged that she became drowsy and fell asleep around 10 pm. She claimed she could sense the doctor kissing and touching her inappropriately but was unable to respond. On waking around 5 am, she allegedly found herself naked and realised that she had been sexually assaulted. She also told police that she confronted the doctor and informed her family about the incident.
Challenging the allegations, the doctor has argued that the circumstances described in the complaint do not establish the offence of rape merely because the two had consumed alcohol and entered a hotel room.
The bail plea also refers to a separate incident on November 2, in which the doctor alleges that he was assaulted and threatened with an extortion demand after being called to a flat in Kadavanthra on the pretext of providing medical assistance to the woman.
According to his version, a relative of the complainant contacted him and asked him to attend to a medical emergency. However, upon reaching the flat, he allegedly found around 12 people waiting there instead of the woman. He claims that the group assaulted him and demanded Rs 3 crore, including an immediate payment of Rs 25 lakh.
“The persons assembled there allegedly demanded a total amount of Rs 3 cr from the petitioner and demanded an immediate payment of Rs 25 lakhs,” the petition states, Onmanorama reports.
The doctor has further alleged that two mobile phones, a smartwatch and earbuds worth a combined Rs 3.25 lakh were taken from him during the incident. He claims that he sustained injuries and required medical treatment.
Following his complaint, Kadavanthra Police registered a case on November 4 under various provisions of the BNS. Three people, including an actress who is related to the woman who filed the sexual assault complaint, were subsequently arrested and remanded to judicial custody.
The doctor has questioned the timing of the sexual assault complaint, pointing out that it was registered on November 6, two days after the police case based on his complaint. He claims that the woman and her family were aware of the alleged incident from October 11 but approached the police only after the extortion case was registered.
“The possibility of the criminal proceedings being used as a counterblast to the earlier crime requires careful consideration,” the petition states.
Medical Dialogues had earlier reported that the doctor sought anticipatory bail, claiming that the sexual assault complaint against him is part of an alleged extortion conspiracy involving a demand for Rs 3 crore. In his bail petition, he has claimed that the woman was his long-time patient and that they shared a close friendship. Alleging that the complaint was filed in retaliation, he has maintained that the case was initiated after he refused to pay the money allegedly demanded by a group and took legal action against them.
According to a report by TOI, the case began with three individuals, including two actors, earlier arrested on the complaint of the doctor who accused them of assaulting him and robbing him. The rape case was filed by one of the relatives of these accused, who also produced the phone, purportedly belonging to the doctor. The doctor went incommunicado soon after the complaint was filed and a lookout circular was issued against him.
Maintaining that he has no criminal antecedents, the doctor has told the court that he is willing to cooperate with the investigation and will not contact or intimidate the complainant or witnesses. He has also undertaken not to tamper with evidence or leave the country without the court's permission.
Contending that custodial interrogation is not required, he has sought protection from arrest under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The allegations and counter-allegations remain subject to investigation and judicial determination.
