MUMBAI COURTS ACQUIT A DOCTOR ACCUSED OF SEXUAL OFFENCES AGAINST A MAN ON BEING UNABLE TO IDENTIFY UNDER THE PPE KIT

Recently, a Mumbai Court acquitted a doctor accused of committing unnatural offences against another man on the ground that the victim could not have recognised the doctor as he was wearing a PPE kit.

In this instant case, the survivor was the head of Human Resources at the hospital. The accused doctor started working in the hospital in May 2020.

The Survivor was taken to the hospital for Covid 19 symptoms. During his admission to the hospital, the accused engaged in improper sexual activities with the Survivor. The Survivor filed a complaint, following which the police charged the accused with offences under sections 377 and 269 of the Indian Penal Code. The accused person was detained and later released on bail. In August 2020 a charge sheet was also submitted.

The man informed the court that the doctor handled his body abnormally while checking his health. The Survivor woke and noticed that the accused doctor was wearing a PPT kit and he left the room while the Survivor was sleeping. He also informed that he was unable to understand the doctor's actions and was in a deep slumber when the doctor touched him. The Survivor also informed that on being touched he yelled, a nurse and a duty physician assured him that they would investigate the matter.

Magistrate Pravin Modi noted that the Survivor was not able to disclose the type of sexual abuse that took place. Although the details of the sexual abuse are given in the FIR and in his statement, it is not brought on record. The magistrate said that as per the evidence provided by the victim, the doctor was wearing PPE Kit and therefore, acquitted the accused of the offences.