Srinagar, Jammu and Kashmir: The High Court of Jammu and Kashmir and Ladakh recently granted bail to a doctor who allegedly tried to rape a woman patient during a medical examination at a government health facility.

While the court acknowledged that the allegation against the doctor was serious, justice Muhammed Yousuf Wani granted bail to the doctor, who had been in jail since January this year. The court pointed out that the accused doctor had remained in jail for five months, while stating that the offense is heinous in nature and highly anti-social. However, the bail grant contains several conditions.

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The court noted that doctors hold a position of trust, and that they are generally protected under law for acts done during bona fide medical examinations.

“There is no second opinion that the doctors are respected and trusted as noble men on the earth and there always is a relationship of trust and confidence between the patient and doctor. A Medical Practitioner for the purpose of bona fide medical examination and procedure avails the protection under law in justified circumstances,” the court said.

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The complainant woman had alleged that during her visit to health centre for treatment of gynaecological ailments, the on-duty doctor took her to another room for examination and refused to allow her sister-in-law to accompany her despite her request.

The doctor then asked the woman remove clothes, grabbed her breast and attempted to sexually assault her, the complainant claimed. After filing case, criminal proceedings were initiated and the doctor was arrested. Approaching the high court for bail, the doctor’s counsel argued that he was innocent and the sexual assault allegations arose from a misunderstanding during the medical exam. The counsel also pointed out the contradictions between the original complaint and later statements recorded during investigation, to question the credibility of the complaint.