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Synopsis

The Kerala High Court has refused to quash a case against a doctor accused of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC), by pressing her breasts with sexual intent while performing a medical termination of pregnancy (MTP) procedure.

The court, presided over by Justice G. Girish, dismissed the petition filed under Section 482 of the Code of Criminal Procedure (Cr.PC) by Dr. G. Haridas, seeking to quash the proceedings against him, stating that “it is a matter to be dealt with by the Trial Court while evaluating the evidence adduced by the prosecution.”

The case originated from a complaint lodged on September 8, 2017, by the husband of a 29-year-old woman who had undergone an MTP procedure at Malabar Medical College on September 2, 2017. The woman alleged that the petitioner, a gynecologist at the hospital, inappropriately pressed her breasts and hugged her during the procedure with sexual intent. She later disclosed the incident to her husband, expressing reluctance to consult the doctor again, who then filed complaint.

The petitioner contended that the allegations were baseless and stemmed from a misunderstanding of medical protocol. It was specifically argued that his actions were part of a legitimate medical examination during the MTP procedure and were misinterpreted by the complainant. Witnesses present in the labor room, including nurses and house surgeons, did not corroborate the allegation of misconduct, though some witnesses admitted to seeing the doctor examining the patient’s breasts and asking her whether she is still feeding. According to one of the witness, the action of the petitioner could have been for medical reasons, since the patient might have complained about pain or swelling of her breasts.

The prosecution opposed the quashing plea, highlighting that the victim’s discomfort and subsequent refusal to consult the doctor again were indicative of inappropriate behaviour. It was further contended that the veracity of the allegations should be determined through trial, not dismissed at the preliminary stage.

The court observed that while the doctor’s actions might have been explained as part of medical protocol, a woman of ordinary prudence could differentiate between professional conduct and violations driven by sexual motives. “If the above act on the part of the petitioner was in response to a complaint by the patient about swelling or pain on her breasts, she would not have complained about the same to her husband and refused to meet the petitioner for the next consultation…normally a woman of ordinary prudence would be able to identify the violations made upon her body with lascivious motives, and other innocuous touches or advances, whether it be as part of treatment protocol or otherwise,” it stated.

The court noted that the evidence collected during the investigation, including statements from witnesses are capable of making out the offence under Section 354 IPC alleged against the petitioner.

In conclusion, the court dismissed the petition, emphasising that it was not within its purview under Section 482 Cr.PC to assess the reliability of the evidence or dismiss the case without a trial.

 

Cause Title: Dr G. Haridas v State of Kerala [CRL.MC NO. 2527 OF 2018]

Appearance: For the Petitioner-  Advocates Shyam Padman, Sri. C.M. Andrews, Smt. Anitya Annie Mathew, Smt. Boby M. Sekhar, Kum. Laya Mary Joseph, Sri. P.T. Mohankumar, Smt. Neethu Ravikumar, and Smt. Revathy P. Manoharan.; For the Respondents/State & De Facto Complainant-  Senior Public Prosecutor Seetha S.