Court gives nod to prosecute govt doctor in molestation case

A Delhi court has ordered initiation of criminal prosecution against a government doctor for allegedly molesting a woman patient while examining her.
District Judge J R Aryan allowed the revision petition of the Delhi Police, while setting aside the order of a magistrate who had discharged doctor Rajesh Kumar due to the absence of sanction to prosecute him.
The sessions court said sanction for prosecution of the accused doctor was not required as the act (of molestation) attributed to him was "prima facie" not part of discharge of his duty as a public servant.
"I do agree with the arguments of the prosecutor that present is a case where act attributed to accused prima facie is not falling within the ambit of discharge of duty as a public servant by accused Dr Rajesh Kumar then sanction for his prosecution was not required," the judge said.

While setting aside the magistrate's order that absence of sanction for prosecution vitiated the proceeding, the court said it was "illegal and against the provision of law".
According to the police, Kumar had allegedly molested an 18-year-old girl, who was suffering from Tuberculosis, in August 2006 when she had gone to get herself medically examined in Delhi Government's dispensary in west Jyoti Nagar in East Delhi here.
When the victim's turn came, the accused took her on a stretcher for examination in a room and after putting a curtain, he started misbehaving with her on the pretext of examining her, the police said.

It said the girl found the doctor, resident of Vaishali in Ghaziabad, had consumed liquor and after pushing him back, she came out of the dispensary room.