Delhi Doctor Facing Rape Allegation Gets Bail, HC Says Not a Case of Sexual Assault

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The Delhi High Court has granted bail to a doc of Safdarjung Hospital, accused of raping a pistillate connected the committedness of marriage, connected the crushed that it was “not a lawsuit of forceful intersexual assault” and helium would not beryllium successful a presumption to terrorise the unfortunate oregon tamper with evidence. Justice Subramonium Prasad said determination is thing connected grounds to bespeak that the antheral had promised matrimony to the prosecutrix and whether the woman’s carnal narration was based connected her escaped consent oregon not volition beryllium decided lone successful trial.

The prosecutrix is simply a make-up creator and is simply a nonmigratory of Delhi. It cannot beryllium said that she is simply a naive lady. This is not a lawsuit of forceful intersexual assault.., the precocious tribunal said successful its March 22 order. It added that the accused is simply a doc moving successful Safdarjung Hospital and it cannot beryllium said that helium would beryllium successful a presumption to terrorise the pistillate oregon tamper with evidence.

The tribunal noted that the grounds has been collected and the mobile telephone of the antheral was with the police. In presumption the above, this tribunal finds it conscionable and expedient to assistance bail to the petitioner (doctor) successful the lawsuit of apprehension in…registered astatine Police Station Hauz Khas for offences punishable nether Section 376 (punishment for rape) and 328 (Causing wounded by means of poison with and intent to perpetrate an offence) IPC, the precocious tribunal said.

The tribunal granted bail to the doc connected furnishing of a idiosyncratic enslaved of Rs 50,000 with a surety by his comparative of the similar amount. It directed him to springiness each his mobile numbers and code to the investigating serviceman and that helium shall study to the acrophobic constabulary presumption connected each Monday.

The petitioner shall not tamper with grounds oregon exert unit connected the prosecutrix. It is made wide and needless to authorities that the observations made successful this bid are lone for the intent of assistance of bail and not connected the merits of the case, the precocious tribunal said. According to the woman, her begetter had suffered a bosom onslaught successful January 2019 and she took her to the Safdarjung infirmary wherever the accused was the work doctor.

During the people of treatment, helium visited the woman’s residence and gave his illustration for the intent of matrimony and asked for her illustration arsenic well, she said. The pistillate alleged that aboriginal connected helium called her to conscionable him to cognize each other, and erstwhile she was called astatine his friend’s location wherever she was fixed a brushed portion aft which she mislaid consciousness and connected regaining consciousness, she realised she has been raped.

When she confronted the man, she was threatened that a video had been taken by him and would beryllium made viral, the pistillate alleged, adding that aboriginal connected she was called astatine immoderate hotels and raped again. An FIR was lodged astatine Hauz Khas Police Station connected January 28, 2021 connected the woman’s rape complaint.

Seeking bail the doctor’s counsel submitted that the FIR was registered connected the allegation that the petitioner took the pistillate to his friend’s level connected June 9, 2019 wherever she was raped. However, this communicative has been wholly fixed a spell by and present the allegation is that the antheral promised matrimony and established carnal narration with her, helium argued, adding that nary utile intent would beryllium served by arresting the doctor.

The tribunal noted that the worldly connected grounds showed that though initially the pistillate came up with the lawsuit wherein she has alleged that the antheral gave her a portion laced with sedatives and taking vantage of the information that she was not conscious helium raped her. This allegation has been fixed a spell by and the consequent allegation of the prosecutrix is that intersexual narration was established connected the ground of committedness to marry. There are contradictions betwixt the archetypal mentation and the contiguous mentation of the prosecutrix.

“This tribunal has perused each the records and does not find immoderate committedness of marriage. There is nary further worldly which has to beryllium recovered from the petitioner. The intersexual narration was established connected the committedness of matrimony oregon not is simply a substance of proceedings and has to beryllium established during the trial, the tribunal said.

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