Bombay HC Quashes Consensual 'Rape' Case, Imposes Rs 5 Lakh Cost on Doctor - 2024-02-14

In a recent development, the Bombay High Court quashed an alleged rape case against a city doctor with the consent of the complainant. However, the court imposed a cost of Rs 5 lakh on the doctor, directing the amount to be paid to an advocates’ association.

The case involved a woman who accompanied the doctor to a hotel on May 21, 2023. While under the influence of alcohol, the doctor allegedly sexually abused her. The woman filed a complaint on May 24, 2023, and the police registered an FIR under relevant sections of the Indian Penal Code.

During the proceedings, the judges referred to the statements of the complainant’s friend and the doctor’s friend, who were present at the hotel. They noted that the victim did not return home immediately after the incident and that she intended to give an excuse for being out by alibi.

The court also considered the hospital report on the alcohol test, which was negative, and the photographs from the hotel premises, which indicated that the victim and the accused were enjoying their company.

Ultimately, the judges concluded that the proceedings could be quashed with the consent of the victim. They directed the doctor to pay Rs 5 lakh to the Advocates Association of Western India Generation Next within 4 weeks and submit the receipt in the court’s office.

In a separate development, the Calcutta High Court took suo motu cognizance of newspaper reports alleging sexual harassment of women and forcible land takeover in Sandeshkhali, West Bengal. The court appointed an amicus curiae and issued notices to the authorities concerned.

Finally, a local court in Patiala has directed the senior superintendent of police to investigate a case where a city-based woman was allegedly defamed on social media. The woman expressed dissatisfaction with the cancellation report filed by the police and requested that further proceedings be carried out by a senior woman officer.

The court observed that the investigation officer had not conducted a fair investigation and ordered the senior superintendent of police to look into the matter and take suitable action.