NEW DELHI: Delhi High Court has granted bail to a doctor working in Safdarjung Hospital, accused of raping a woman on the promise of marriage, on the ground there is nothing on record to indicate accused promised marriage to the woman.
The court also noted that it is “not a case of forceful sexual assault” and if granted bail, would not be in a position to terrorise the victim or tamper with evidence.
Justice Subramonium Prasad noted that it must be determined during trial if the woman’s physical relationship was based on her free consent or not. “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,” the judge observed.
The court said that the accused is a doctor working in Safdarjung Hospital and it cannot be said that he will be in a position to terrorise the woman or tamper with evidence. The court noted that the evidence has been collected and the mobile phone of the man is with police.
“In view of the above, this court finds it just and expedient to grant bail to the petitioner (doctor) in the event of arrest for offences punishable under Sections 376 (punishment for rape) and 328 (causing hurt by means of poison with and intent to commit an offence) of the IPC,” it added while granting bail.
The high court also directed the doctor to give all his mobile numbers and address to the investigating officer and that he should report to the police station concerned.
According to the woman, her father had suffered a heart attack in January 2019 and she took him to Safdarjung Hospital, where the accused was the duty doctor. During the course of treatment, he visited her residence and gave his profile with intent of marriage.
The woman alleged that later, he called her to meet him. She said that once she went to his friend’s house where she was given a soft drink after which she lost consciousness. On regaining consciousness, she realised she had been raped, she alleged.
When she confronted the man, she was allegedly threatened that a video had been recorded by him and would be made viral. Later, she was called to hotels and raped repeatedly, she claimed. An FIR was lodged at Hauz Khas police station on January 28, 2021.
The court noted that the material on record shows that though initially the woman had lodged a “rape case”, later the allegation was “sexual relationship established on the basis of promise to marry”.
“There are contradictions between the initial version and the present version of the prosecutrix,” it added.