Sexual advances or touching private parts of a patient by a doctor is unacceptable – HC

A physician, being in a position of trust and power, has a duty to act in the patient’s best interest. To maintain trust, a physician must avoid making sexual advances. Sexual advances or inappropriate touching of a patient by a medical practitioner is a grave breach of trust and an offence under Section 354 IPC of gravest form. Such a conduct from a medical practitioner is unacceptable and cannot be tolerated.

HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 20^th May, 2013 Pronounced on: 29^th May, 2013

Crl. Rev.P.104 /2013

MADAN MOHAN GUPTA

versus

THE STATE (GOVT. OF NCT OF DELHI)

CORAM:

HON’BLE MR. JUSTICE G.P.MITTAL

J U D G M E N T

G. P. MITTAL, J.

1. This Revision Petition is directed against a judgment dated 01.02.2013 passed by the learned Additional Sessions Judge(ASJ) affirming the conviction and sentence imposed on the Revisionist for commission of an offence punishable under Section 354 IPC and directing him to undergo RI for 18 months and to pay a compensation of `20,000/- to the complainant by the learned Metropolitan Magistrate(MM) by an order dated 09.02.2012.

2. As per prosecution version, the Revisionist is a qualified homeopathic doctor and runs a homeopathic clinic at Gopi Nath Bazar, Delhi Cantt. in the name of Dr. M.M. Gupta Homeopathic Clinic.On 23.05.2007 at about 6:00 pm, the prosecutrix along with her mother visited the Revisionist’s earlier said clinic. The Revisionist as a doctor desired to physically examine the patient(the complainant) and took her to a sub-clinic examination room just behind a translucent glass portion adjacent to the consultation room. The Revisionist asked the complainant to lie down and deliberately touched her private parts as also her breasts while he had no business to do so. The complainant was stunned by the Revisionist’s act and returned home without any opportunity for a reaction. On reaching home, she narrated the incident to her sister and decided to lodge a complaint in the Police Station the next morning. The FIR was registered and after completion of the investigation, a charge sheet for the offence punishable under Section 354 IPC was filed against the Revisionist.