IN THE HIGH COURT OF KERALA AT ERNAKULAM
Honourable Judge, J
Aboobacker C. M. (Dr.) v. State of Kerala
| Table of Content |
|---|
| 1. accusation of sexual assault in medical context. (Para 1) |
| 2. claim of innocence and purportedly justified medical practices. (Para 2 , 4) |
| 3. lack of sexual intent established through witness presence and consent. (Para 5) |
1. The petitioner is the accused in S.C.No.735/2023 on the files of the Fast Track Special Court (POCSO Act), Kozhikode. The offences alleged against him are under S.354A(1)(i) of the Indian Penal Code, 1860 (in short, ' IPC '), and S.9(e), S.9(l) read with S.10 of the Protection of Children from Sexual Offences Act, 2012 , (in short, 'POCSO Act'). The allegation is that the petitioner, a pediatrician aged 80 years, committed the offence of aggravated sexual assault upon a girl studying in 10th standard. It is alleged that on 11/04/2023 and 17/04/2023, when the victim girl came to the dispensary of the petitioner for treatment of abdominal pain and chest pain, he put his hands inside her garments and resorted to sexual assault by pressing her breasts and also in naval portion. The offence is said to have been committed in the examination room of the petitioner. On 11/04/2023, the mother of the victim was said to be sitting by the side of the vict
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