Delhi HC denies interim bail to Al Falah chairman but allows limited custody parole for wife's medical needs
The Gauhati High Court recently ruled that groping a minor patient's breasts during a gynaecological examination is not considered a routine medical procedure.The court upheld the conviction of Dr.Anup Kumar Baruah, a gynaecologist convicted in a 17-year-old case, but reduced his sentence due to his advanced age.The case originated when the victim, a minor, visited Dr.Baruah in 2009 for menstrual irregularities.She alleged he unbuttoned her blouse, groped her breasts, and attempted to remove her undergarments despite her protests.Her friends intervened, leading to a first information report (FIR) and subsequent charges under Section 354 of the Indian Penal Code (IPC).
The doctor initially received a two-year imprisonment and ₹10,000 fine, but the High Court adjusted the penalty to ₹5,000 with a two-month default imprisonment term.
The court emphasized that the victim's testimony, corroborated by her brother and another witness, was credible and that the doctor's actions did not constitute a routine examination.
The ruling highlights the legal and ethical boundaries of medical practice, reinforcing that any non-consensual physical contact during examinations is unacceptable.The fine will be directed to the District Legal Services Authority for victim compensation.This case underscores the importance of accountability in medical ethics and the judiciary's role in upholding patient rights.