Panaji: A North Goa court has granted bail to a 28-year-old doctor accused of sexually assaulting a foreign-origin patient admitted at Healthway Hospital, Old Goa. The court observed that the investigation had been hindered as the victim had returned to Morocco and could not undergo medical or forensic tests.
Bail Granted with Conditions
The court directed the accused to furnish a bond of ₹1 lakh and provide one local surety of the same amount. Additional Sessions Judge Vijaya Ambre imposed conditions on his release, stating that despite the passage of 24 days since the arrest, police had failed to record statements from both the accused and the victim.
Delay and Investigation Gaps
“The Investigating Officer had not recorded the statement of the accused but got him medically examined soon after his arrest on September 11. Also, the victim is back in her country, Morocco,” the court noted in its order. The judge observed that the lack of evidence collection and the victim’s absence had stalled the case’s progress.
Allegations Against the Doctor
According to police, the alleged incident took place on August 31, when the foreign patient — initially identified as Spanish but later confirmed as Moroccan — was admitted to the ICU. The doctor allegedly lifted her hospital gown and touched her inappropriately under the pretext of conducting a neurological sensitivity test. The patient’s sister filed a complaint, following which the doctor was arrested.
Defence: False Implication Claimed
In his bail plea, the accused claimed false implication and asserted his innocence, highlighting his unblemished professional record and absence of any criminal history. He maintained that the allegations were unfounded and that the act in question was part of a routine medical examination.
Victim’s Condition Hindered Probe
The court cited the victim’s fragile medical condition as a major obstacle to the investigation. The investigating officer had requested her presence for examination, but her sister informed the police that she was undergoing plasmapheresis sessions and became highly stressed when the issue was raised. Consequently, her statement could not be recorded.
Court Notes Lack of Prima Facie Evidence
Judge Ambre observed that without the victim’s testimony or medical examination, a prima facie case of rape could not be established. The court added that the accused had already spent 24 days in custody and that investigators could have, by now, recorded statements of other hospital staff or conducted a detailed site inspection.
‘No Fear Among Hospital Staff’
Rejecting the prosecution’s argument that granting bail might instill fear among hospital employees, the court stated, “The statement of the complainant itself shows that the victim was unavailable for statement and medical examination. Hence, the objection that bail will create fear in the minds of subordinate staff is untenable.”
