Impossible to identify doctor wearing PPE kit: Mumbai court acquits doctor accused of sexual offences against man

A doctor accused of committing unnatural offences against a man was acquitted by a Mumbai court on the ground that the survivor man could not have recognised the doctor who was wearing a PPE kit [State of Maharashtra vs Jayesh Vasdev Jeswani]..The survivor was working as the Human Resources head at a hospital where the accused Doctor began working on May 1, 2020. The man was taken to the hospital's ICU unit with symptoms of COVID-19.When the man complained about his health, the accused rushed to inspect him while he was asleep. The charge was that the accused engaged in improper sexual activity with the man while examining him.A formal complaint was lodged by the survivor, following which the Agripada police station charged him for offences under Sections 377 (unnatural offence), 269 (negligent act likely to spread infection of illness dangerous to life), and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code..The doctor was detained and eventually released on bail. The man's statement to the magistrate under section 164 of the Criminal Procedure Code was also recorded, and a chargesheet was submitted on August 31, 2020. The survivor man even applied for compounding of the offence, but was denied since the offences are not compoundable under the law. .The survivor man informed the Court that when the doctor arrived to check him, he handled his body abnormally. He awoke and noticed that the doctor was wearing PPE Kit. The doctor left the room while he was sleeping and he had no idea who the doctor in question was. He also stated that he was unable to comment on what was strange about the doctor's actions. He was in deep slumber and not feeling good when the doctor touched his body. According to his testimony, when he yelled, a nurse and two on-duty physicians arrived and assured him that they would investigate what had happened..The survivor man had not backed the prosecution's case, according to the court as he did not reveal the specifics of the sexual assaults. "It is required to note that, the victim has not disclosed what type of sexual abuse happened with him and whether it is at the hands of accused. But, in the FIR and thereafter in the Statements of witnesses including victim, the details of sexual abuses are mentioned. But its source is not brought on record," noted Magistrate Pravin Modi..Pertinently, the Court observed that as per evidence of victim, the doctor who came to examine him was wearing PPE Kit. "If the incident mentioned in FIR is considered, it creates doubt whether any person after removing PPE Kit commit such types of acts during the surge of Covid-19," the Court said.It, therefore, acquitted the accused of all the offences registered against him.[Read order]

Impossible to identify doctor wearing PPE kit: Mumbai court acquits doctor accused of sexual offences against man

Satyendra Wankhade

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