Court observes statements of victim, accused not recorded
PANAJI
The Additional Sessions Judge, North Goa, has granted bail to Dr Vrushabh Doshi, accused of allegedly raping a foreign-origin patient undergoing treatment at Healthway Hospital, Old Goa, while observing that the police had not yet recorded the statement of the victim or the accused even after 24 days of arrest.
Additional Sessions Judge-I Vijaya Ambre, in her order, noted that the Investigating Officer (IO) had not recorded the statement of the accused but got him medically examined soon after his arrest on September 11. Also, the victim is back in her country, Morocco.
“Victim is in Morocco at present, not available for recording her statement and also for medical examination... 24 days have passed for the accused to be in custody (police custody and subsequent judicial custody) and IO could have very well recorded the statement of accused as well of other staff and also ought to have conducted a scene of offence panchanama by now,” reads the order.
The judge further pointed out that the IO had sought the presence of the victim for various procedures, including medical and forensic examination, but the complainant had stated that the victim, her sister, was too fragile to be questioned or examined.
“The complainant replied to a police request dated September 12 that her sister is currently undergoing very delicate treatment and is very fragile and they cannot bring up this topic with her again because she does not want to talk about it, as it causes her a great deal of stress. She cannot be exposed to any stress and therefore, they have decided not to discuss the matter with her till her plasmapheresis sessions are completed. The complainant also stated in her reply that an undated complaint of the victim was given to the police, which was written by the victim,” the Court said, quoting the survivor’s sister.
The court observed that the victim’s condition and her unavailability for statement and medical examination made it difficult to establish a prima facie charge of rape at this stage.
“The statement of the complainant itself shows that the victim was not available to give her statement and to undergo medical examination as required under the law,” the order noted, adding that the victim has since travelled to Morocco for further treatment.
“The objection of IO that releasing the accused will create fear in the minds of subordinate staff is not tenable,” the court held.
Dr Doshi is accused of sexually harassing and raped the victim in the ICU ward of the hospital while she was under treatment on August 31.
In his bail application, Dr Doshi claimed innocence and said he was “falsely implicated” in the case. He told the court that he is a medical professional with “an unblemished past” and no criminal antecedents.
The court granted bail on a personal bond of Rs 1 lakh with one local surety of like amount in addition to other stringent conditions.
