Later, he found that even the website of the company had been taken down. When he tried to contact the directors of the company, he did not get any response from them. IN A recent order, a Metropolitan Magistrate’s court acquitted a 35-year-old doctor booked for sexual assault of a 44-year-old male Covid-19 patient in a private hospital in Mumbai in 2020.
The patient did not support the prosecution during the trial and stated that he did not know the doctor who had sexually assaulted him as the latter was wearing a PPE kit. He also said he could not give exact details of the incident as he was in deep sleep and not feeling well.
During his testimony, it was also brought before the court that the patient had filed an application seeking to compound the case and said that he did not have any grievance against the accused.
“It is required to note that the victim has not disclosed what type of sexual abuse happened with him and whether it was at the hands of the accused… Moreover, as per evidence of the victim, the doctor who came to examine him was wearing a PPE kit. If the incident mentioned in the FIR is considered, it creates doubt whether any person, after removing PPE kit, (would) commit such types of act during surge of Covid-19,” the court said.
The court also said that the documents and evidence did not inspire confidence to prove that the accused had committed sexual abuse or done an act to spread the infection of Covid-19. The police had registered a case under IPC sections 377 (unnatural offences), 269 (negligent act likely to spread infection of diseases endangering life) and 270 (malignant act likely to spread infection of diseases endangering life), based on a complaint from the hospital’s HR head.
The court acquitted the accused of all charges.
According to the prosecution, the doctor was on duty on the day of the incident on May 1, 2020, in the Covid-19 ward. After the victim complained of ill health, he rushed to examine him. The patient had alleged that the accused had misbehaved with him. He had then approached the police. The probe included statements of the medical superintendent, employees, doctors and the nurse on duty in the ward.
Among the witnesses examined during the trial were the patient, the HR head of the hospital who was the informant in the case, and the investigating officer. The court said while the FIR and the statements of witnesses mentioned the incident, it had considered the victim’s testimony and his statement before the magistrate earlier, where he had not narrated the alleged abuse.
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