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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