A Delhi court has ordered initiation of criminal proceedings against a government doctor for allegedly molesting a woman patient while examining her.
District judge JR Aryan allowed the revision petition of the Delhi police, while setting aside the order of a magistrate who had discharged doctor Rajesh Kumar due to the absence of sanction to prosecute him.
The sessions court said sanction for prosecution of the accused doctor was not required, as the act (of molestation) attributed to him was prima facie not part of discharge of his duty as a public servant.
"I do agree with the arguments of the prosecutor that present is a case where act attributed to accused prima facie is not falling within the ambit of discharge of duty as a public servant by accused Dr Rajesh Kumar then sanction for his prosecution was not required," the judge said.
While setting aside the magistrate's order that absence of sanction for prosecution vitiated the proceeding, the court said it was "illegal and against the provision of law".
According to the police, Kumar had molested an 18-year-old girl, who was suffering from tuberculosis, in August 2006 when she had gone to get herself medically examined in a Delhi government dispensary in west Jyoti Nagar in east Delhi here.
When the victim's turn came, the accused carried her on a stretcher into the examination room, and after putting up a curtain, started misbehaving with her on the pretext of examining her, the police said.
The police said the girl realized that the doctor had consumed liquor, and after pushing him away, left the examination room.