MARGAO
South Goa Additional Sessions Judge, Pooja Kavlekar has acquitted the then medical officer of Curtorim Primary Health Centre Agnelo Mascarenhas from the charges of rape and molestation by giving him the benefit of doubt.
The Court has acquitted him for the offences punishable under sections 342, 354, 376-C (d) of the Indian Penal Code.
It was the case of the prosecution that on July 27, 2019 at around 7.30 hours at PHC Curtorim Salcete, the accused who was on duty as Medical Officer at Primary Health Centre Curtorim, took the complainant inside the labour room by closing the door of the room with intention to fulfill his sexual lust and physically touched and pressed the breast of the complainant thereby insulted modesty of the complainant and further forcibly raped her by inserting his fingers in her private part, thus committed an offence punishable under section 342, 354, 376-C (d) of the Indian Penal Code.
Considering the chronology of events, the documents on record and totality of circumstances, Judge Kavlekar said she does not find that the accused had any intent to sexually molest the victim.
“In order to sustain a charge of rape, mens rea is extremely essential. Likewise in order to convict a person for any offence the prosecution has to prove the case beyond reasonable doubt. In the instant case the accused has successfully created a doubt about his intent and thus the accused will be entitled for benefit of doubt. Hence, all the points are decided in the negative”.
“If the statement of doctors read are alongwith PW4, it appears that intent of the accused was to check the well being of the foetus and doctor did everything that was necessary to ensure that he discharged the victim only after he confirmed that the victim and her unborn child were out of danger. No doubt, he did so without wearing the gloves. However, in the absence of any evidence before the Court that he actually touched the genital area of the patient with his bare hands, the Court cannot conclude that he had an intent to molest the victim or to rape her”, the Judge added.
