A 35-year-old doctor, an MD, booked in May 2020 during the first wave of the pandemic for sexual assault on a male COVID-19 patient admitted in the ICU of South Mumbai’s Wockhardt Hospital, was acquitted of the charges by a magistrate court. The court concluded that the evidence does not inspire confidence that the accused had sexually abused the victim.
The victim, in his mid-40s, had not supported the case during trial. He had appeared before the court for testimony and made an application to compound the offence. Compounding involves being permitted to withdraw the complaint or to settle the matter outside court. The court had not permitted this as the offences the doctor was booked for were of a serious nature, including that under Sec 377 of IPC (carnal intercourse against the order of nature).
As per the victim’s statement to the Agripada police, he was admitted to the ICU ward of Wockhardt hospital due to COVID symptoms. On May 1, 2020, the doctor who was on duty at the ward, had sexually assaulted him when he had come to check him. He had written a complaint to the hospital. The hospital’s human resources head had lodged a police complaint based on this letter. The victim’s statement had been recorded by the police where he had stated the acts. His statement was also recorded before a magistrate. The hospital had terminated the doctor’s services who had joined it only a day before the incident. He was arrested after completing his quarantine period at his residence and had subsequently secured bail.
During the trial, the victim was deposed that a doctor who had come to check him had made abnormal touches to his body. He said he had seen a doctor in a PPE kit, but said he could not identify him. He did not narrate the details of the act before the court and also denied having narrated the sexual act as mentioned in his statement recorded by the magistrate. The HR head had testified as a witness and told the court that the doctor had admitted to the act by a document. The court said on perusal, the document’s genuineness appears to be doubtful.
Metropolitan Magistrate Pravin P. Modi stated in the order that as per the testimony of the victim, the doctor who came to examine him was wearing a PPE kit. “If the incident mentioned in FIR is considered, it creates doubt whether any person after removing PPE kit would commit such type of act during the surge of COVID-19.” the magistrate said. The court said that considering the evidence and the documents, they are not inspiring confidence that the accused had sexually abused the victim.
