HC grants bail to hospital employee after spending 11 years behind bars

MUMBAI: Bombay HC grants bail to hospital employee Wargis, accused of drugging and assaulting a patient, citing inconsistencies and weak evidence after 11 years in custody.

MUMBAI: The Bombay high court recently granted bail to a hospital employee, accused of drugging and sexually assaulting a patient at a Thane hospital, after spending over 11 years in custody. The court underscored glaring inconsistencies and questioned the inconclusive medical evidence, which weakened the prosecution’s case.

HC grants bail to hospital employee after spending 11 years behind bars

The incident stems from when the victim was suffering from fever and was admitted to a hospital in Diva, Thane, on April 26, 2013. William Jecob Wargis, a hospital employee, allegedly mixed drugs through the victim’s saline, making her drowsy and then sexually assaulted her during the night. The horrifying incident came to light when an attendant heard noises and informed another doctor, who found Wargis in a compromising position.

The following morning, the victim narrated the incident to her parents, who then approached the Mumbra Police Station where an FIR was registered after four days. After the completion of the medical examination, the victim’s pregnancy was confirmed, which was terminated the next month.

Wargis was arrested on May 17, 2013, and was sentenced to life imprisonment by the Thane sessions court. Wargis challenged his conviction, based on several inconsistencies and lack of medical evidence.

Advocate Manisha Devkar, representing Wargis, pointed out certain contradictions in the statement of the victim. He further highlighted the lack of medical evidence in the case, in addition to the fact that there was a delay in registering the FIR. This, according to the defence, weakened her credibility.

Additional public prosecutor, M.H. Mhatre, highlighted the direct connection between the offence and the DNA sampling, which indicated that the victim was the natural biological mother of the foetus. She submitted that the delay in FIR was due to societal fear and stigma attached to such incidents.

A division bench, led by justices Sarang V. Kotwal and S.M. Modak, granted bail to Wargis, citing his prolonged incarceration of over 11 years. The decision was influenced by the concern that the appeal was not likely to be decided anytime soon.

Moreover, the court observed certain inconsistencies in the testimonies presented regarding the timeline and the incident, which further undermined the prosecution’s case. The court also highlighted the inconclusive medical evidence, which did not establish sexual assault on the victim. It also stated that the delay in filing the FIR weakened the evidence presented by the prosecution.

The court, while granting bail to Wargis, imposed strict conditions, and directed his release on furnishing a personal bond of ₹30,000.