The Delhi High Court has granted bail to a doctor, accused of raping a woman after promising her marriage, noting that it was “not a case of forceful sexual assault” and he would not be in a position to terrorise the victim or tamper with evidence.
Justice Subramonium Prasad said there was nothing on record to indicate that the man had promised marriage to the woman.
The court noted that there are contradictions between the initial version and the present version of the woman.
“The prosecutrix is a make-up artist and is a resident of Delhi. It cannot be said that she is naive. This is not a case of forceful sexual assault...,” the High Court said, adding that whether the woman’s physical relationship was based on her free consent or not will be decided only in trial.
The court noted that the evidence has been collected and the mobile phone of the man, who is a doctor working at Safdarjung Hospital here, was with the police.
“In view of the above, this court finds it just and expedient to grant bail to the petitioner [doctor] in the event of arrest [in the case] registered at Hauz Khas police station for offences punishable under Sections 376 [punishment for rape] and 328 [causing hurt by means of poison with and intent to commit an offence] IPC...,” the High Court said.
According to the woman, her father had suffered a heart attack in January 2019 and she took her to Safdarjung Hospital where the accused was the doctor on duty.
During the course of treatment, he visited the woman’s residence and gave his profile for the purpose of marriage and asked for her profile as well, she said.
The woman alleged that he later called her to meet him to “know each other more”. Once, she said, he called her at his friend’s house where she was given a soft drink after which she lost consciousness. After regaining consciousness, she said, she realised she has been raped.
When she confronted the man, he told her that he had recorded a video and threatened to make it viral, the woman alleged, adding that she was later called to some hotels and raped again.
Seeking bail, the doctor’s counsel submitted that the FIR was registered January 28 this year based on the allegation that the petitioner took the woman to his friend’s flat on June 9, 2019, and raped her. However, this story has been completely given a go by and now the allegation is that the man promised marriage and established physical relationship with her, he argued, adding that no useful purpose would be served by arresting the doctor.