Bombay High Court Grants Bail To Doctor Accused Of Touching Private Parts Of Minor under Pretext Of "Therapy"

The Nagpur Bench of the Bombay High Court comprising Justice Anil S. Kilor granted bail to a doctor who was accused of touching various body parts of a minor including her private parts. The Doctor was booked under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The court while doubting the veracity of the allegation made by the complainant noted that as per the complaint, 8 days after the therapy, the behavior of the accused was found to be improper. However, the child did not make a complaint to her mother or sister, or any other family members immediately after the first incident and continued the treatment till the 13th of August.

The minor child used to go for running practice for sports purposes and on one occasion she felt some pain in her abdomen and legs. The girl then approached the doctor and was suggested one month of therapy. It was alleged that during the therapy, the doctor touched private parts of the body and the same was disclosed by the minor girl on 13th August 2022, upon which a FIR was registered on 15th August 2022.

Further, the court noted that the accused was running the clinic for the last 20 years and there is not a single complaint against the applicant.  

The High court after referring to the case dairy noted that: 

“If the photographs of the cabin of the applicant doctors is seen which is available in the case dairy, it can be seen that it is a small cabin in which there are two stretchers like beds in it with curtains in between table and chair of the doctor and the said stretchers like beds. It can further be seen that there is no separate room or chamber for therapy. In the circumstances, the prosecution story prima facie appears to be improbable.”

The High Court after considering that the investigation was over, said that further custody of the applicant is not necessary, granted bail to the applicant.

Case Title: Dr Vijay Dahale vs State of Maharashtra & Anr