District Judge J R 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 allegedly molested an 18-year-old girl, who was suffering from tuberculosis, in August 2006 when she had gone to get herself medically examined in Delhi government's dispensary in west Jyoti Nagar in east Delhi here.
When the victim's turn came, the accused took her on a stretcher for examination in a room and after putting a curtain, he started misbehaving with her on the pretext of examining her, the police said.
It said the girl found the doctor, resident of Vaishali in Ghaziabad, had consumed liquor and after pushing him back, she came out of the dispensary room.
The police had challenged the trial court's order, saying the act attributed to the accused as an offence was not connected even remotely with the discharge of his duties as a public servant and no sanction was required to prosecute him under the provisions of the CrPC.
Counsel for the accused had argued that when Kumar had taken up examination of the patient by touching her abdomen, his act would fall within the scope of discharge of his duty as public servant even if he was alleged to have exceeded his duty and sanction for prosecution was required.
The court, however, rejected the arguments of defence counsel, saying that "prima facie the misconduct alleged by the victim to the doctor cannot by any interpretation and reasoning be brought within the parameters of an act done and committed by a public servant in the discharge of his duty as a public servant".
The court said it is a matter of fact that Dr Kumar, when examined on the date of incident from a Delhi government hospital, was found to be under the influence of alcohol.
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