"Not Case Of Sex Assault" Says Court, Grants Bail To Rape-Accused Delhi Doctor

The Delhi High Court has granted bail to a rape-accused Delhi doctor of Safdarjung Hospital, on the ground that it was "not a case of forceful sexual assault".

The Delhi doctor was accused of raping a woman on the pretext of marriage.

Justice Subramonium Prasad said that the material on record doesn't indicate that the accused here had promised marriage to the female prosecutor. Also, whether the woman's physical relationship was based on free consent or not will be decided only in the trial, said the court.

Allegations made by the alleged rape victim

The woman alleged that she met the accused at the Safdarjung hospital when her father had suffered a heart attack in January 2019. During the course of treatment, the doctor visited the woman's residence and exchanged profiles for the purpose of marriage.

Later, he called her to meet him at his friend's house where she was allegedly drugged and lost consciousness. On regaining consciousness the woman realised she had been allegedly raped.

According to the woman, the man allegedly threatened her, when she confronted him, with a video which he intended to make viral. She alleged that later on she was allegedly raped again in some hotel. 

On January 28, an FIR was lodged at Hauz Khas Police Station on the woman's complaint.

The doctor's counsel sought bail on the FIR registered on the allegation that the petitioner took the alleged survivor to a former's friend's flat on June 9, 2019 where she was allegedly raped.

On the allegation that the man promised marriage and established physical relationship with her, he argued that no purpose will be fulfilled by arresting the accused doctor.

According to reports, the court noted that the material on record showed that the woman, initially, came up with the case wherein she has alleged that the accused spiked her drink with sedatives, taking advantage of the situation and raping her.

Delhi High Court on the case of rape-Accused Delhi doctor

In the March 22 order, the high court said, "The prosecutrix is a make-up artist and is a resident of Delhi. It cannot be said that she is a naive lady. This is not a case of forceful sexual assault".

In addition, it asserted that the rape-accused Delhi doctor would not be in a position to terrorise the survivor or tamper with evidence. 

"In view the above, this court finds it just and expedient to grant bail to the petitioner (doctor) in the event of arrest in...registered at Police Station Hauz Khas for offences punishable under Section 376 (punishment for rape) and 328 (Causing hurt by means of poison with and intent to commit an offence) IPC," the high court said.

The accused was granted bail on furnishing of a personal bond of ₹ 50,000 and commanded him to give all his mobile numbers, address to the investigating officer. Henceforth, the doctor shall report to the concerned police station every Monday .