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Wednesday 12 June 2013

Doctor accused of raping patient gets anticipatory bail

Doctor accused of raping patient gets anticipatory bail

Bombay High Court Tuesday granted anticipatory bail against a surety of Rs 1 lakh to Dadar-based Dr Rustom Soonawala (47), accused of raping his 27-year-old patient at his clinic in Khar last month.
The court directed police not to arrest Soonawala until the chargesheet is filed. It, however, said police can take Soonawala into custody for conducting blood and semen tests. He can be kept in custody for 12 hours if the tests are conducted in Mumbai or for 24 hours if the tests are conducted outside Mumbai, the court said.
Soonawala moved High Court after a sessions court rejected his application seeking the examination of his blood and semen samples before arresting him. Soonawala's lawyer Abad Ponda told the court that the examination of his blood and semen samples as well as testing of his DNA would indicate whether or not he can be charged with rape. "The commission of the offence of rape will be established if the medical tests are positive. Only an innocent man will agree to undergo such tests in a rape case," Ponda told the court.
Additional public prosecutor Purnima Kantharia said Soonawala's custody was required as he was influential and could tamper with the tests. She said semen stains were found on the bed sheet in the clinic where Soonawala had examined the victim and he was the only male member in the room as the victim's husband was seated outside.
The victim's lawyer Mihir Desai argued that Soonawala had absconded and should not be granted anticipatory bail. He said there is no reason why the victim should make false allegations against him. Desai said Soonawala's offer to get his blood and semen tested was no generosity as every accused has to undergo these tests in a case of rape.
Justice R S Dalvi, however, felt that was not necessary for the police to keep Soonawala in custody to proceed with the investigation.

http://www.indianexpress.com/news/doctor-accused-of-raping-patient-gets-anticipatory-bail/1127895/0

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