Chennai: The Madras High Court has acquitted a practicing doctor, Dr. Vetriselvan, who had been convicted by a trial court of raping a fellow doctor at a city hotel during the COVID-19 pandemic. The trial court had sentenced him to 10 years of rigorous imprisonment and imposed a fine of ₹25,000 on December 30, 2022.
On November 25, Justice Sunder Mohan overturned the conviction, citing significant inconsistencies in the evidence. “This court finds that the appellant cannot be convicted based on such evidence and is entitled to the benefit of doubt,” Justice Mohan stated.
Case Background
The woman doctor alleged that on August 5, 2021, while both were on COVID-19 duty and staying at a city hotel, Dr. Vetriselvan invited her to his room and raped her.
The defense argued that the rape allegation was an afterthought. It highlighted that while the incident allegedly occurred on August 5, 2021, the complaint to the dean was only made on September 21, and an FIR was registered on November 17. Additionally, in her initial complaint to the dean, the woman mentioned only sexual harassment, not rape.
“She being a doctor, it cannot be said that she did not understand the difference between sexual harassment and rape,” argued senior counsel A. Ramesh, representing the appellant.
The defense also pointed out that the complainant had not undergone a medical examination and had informed the magistrate that she did not wish to escalate the matter.
Court’s Observations
Justice Mohan noted discrepancies in the complainant’s statements. “In the complaint, she did not refer to any alleged act of rape. She also stated that the incident occurred at her own accommodation in the hotel, contrary to the prosecution’s claim that it took place in the appellant’s room,” the judge observed.
The delay in filing the complaint was also questioned. While the complaint to the dean was made 43 days after the incident, the police complaint was lodged two months later, with an “improved version” of the allegations.
Based on these findings, the High Court set aside the trial court’s verdict and directed authorities to refund the fine amount to Dr. Vetriselvan.
