BENGALURU: The Karnataka High Court directed the Principal Secretary of the Health Department to issue a circular reiterating the duties of the doctors who conduct the medical examination to give a report on whether victims are subjected to sexual assault in order to bring the culprits within the ambit of the law.
Taking note of instances of doctors showing callousness and negligence in this regard, Justice HP Sandesh passed the order.
Referring to a case which has come to the notice of the court during the hearing of the bail plea filed by accused Pradeep who has been booked by Ramamurthy Nagar police under POCSO Act and IPC, the court noted that the victim had not stated whether she was subjected to sexual assault or not. No doubt, the doctor who examined the victim has stated that the hymen is not intact but no provisional opinion is given on whether she was subjected to sexual assault or not. According to the prosecution, she was subjected to sexual assault on December 5, 2020 and the doctor examined the victim two days after the incident. In spite of this, the doctor has not opined whether she was subjected to sexual assault or not, the court observed.
The court noted that the very purpose of producing the victim for a medical examination is not served on account of the callous act of the doctor who was working in KC General Hospital, Bengaluru. As a result of the negligence on the part of the doctor, there is no material regarding the heinous act of the accused. The prosecution is also unable to find out the truth. There is a specific column in the certificate to give a finding on this but it was not done, which is nothing but negligence on the part of the doctor who conducted the medical examination. The very purpose of subjecting the victim to a medical examination has been defeated, the court added.
The court also noted that now the doctor who appeared before the court says that she has resigned from the KC General Hospital and is practicing privately. The doctor forgot the duty entrusted to her to give a report when the victim was subjected to a medical examination. Hence, it is appropriate to direct the Principal Secretary of the Health Department to issue a circular.
Expressing similar views while rejecting the bail plea of Thippeswamy from Davanagere, who was arrested for the offences punishable under POCSO Act for sexual assault on a minor girl, the court directed the registry to send this order to the Principal Secretary of the Health Department to take action against the concerned doctor, besides issuing a circular.