Mumbai: The Bombay High Court has quashed a rape case against a city doctor after the victim consented to the same, after imposing a cost of Rs5 lakh to be paid to an advocates’ body.
The court noted that there was sufficient material to show that the relationship was consensual.
“The material on record would indicate that the victim was in the company of the accused. She volunteered to do so. The relationship was apparently consensual,” a bench of Justices PD Naik and NR Borkar noted in their order on February 8. The HC was hearing a plea filed by the Bandra-based doctor seeking quashing of the case by consent.
The woman registered a case against the doctor with the Khar police on May 24 last year. She alleged that she accompanied the doctor to a hotel on May 21 where they both had alcohol. She alleged that he then sexually assaulted her. The doctor was granted pre-arrests bail by the sessions court. The police has also filed chargesheet in the case. His plea contends there was a misunderstanding between the parties which has been resolved and proceedings may be quashed with the consent of the complainant. The woman also filed an affidavit stating that she has no objection for quashing in the proceedings.
“The victim intends to move ahead in life. The pendency of proceedings would be disturbing her peace,” the bench said. The court noted that the hospital report on the alcohol test was negative. It also took note of the photographs, which are a part of the chargesheet, “about presence of victim and accused in the hotel premises where the alleged incident had occurred indicate that both were enjoying their company”.
Also, the judges relied on the statement of a friend of the complainant who had accompanied the doctor and the complainant. “She left their company. The victim did not join her and chose to accompany the accused. She also refers to a conversation between her and the victim which indicates that the victim did not return home immediately. The victim intended to give an excuse for being out by alibi,” the judges underlined. The woman was present in the court and gave her consent to quash the proceedings. While quashing the complaint, the HC directed the doctor to pay Rs 5 lakh cost to Advocates Association of Western India Generation Next within four weeks.
