(POCSO) Karnataka High Court expresses discontent for negligence by doctor in conducting medical examination of 15-year-old sexual assault survivor leaving the prosecution with no evidence

The Karnataka High Court expressed discontent for negligence by doctor in conducting medical examination of 15-year-old sexual assault survivor leaving the prosecution with no evidence.

Background 

The case of the prosecution is that the victim, who is aged about 15 years, was missing and hence, the mother had lodged the complaint with the Ramamurthy Nagar Police Station. In the missing complaint, by suspecting the role of the petitioner, the specific allegation is made against the petitioner that he had taken the victim girl. Based on the complaint, initially the police have registered the case for the offence punishable under Section 363 of IPC., and thereafter, the police have investigated the matter and filed the charge sheet by invoking the offence punishable under Sections 366, 376 and 506 of IPC and 5(L) and 6 of POCSO Act, wherein the specific allegation is made against the petitioner that the petitioner went to the house of the victim to speak with her and she replied that no one was in the house and not to come inside the house. Immediately, he entered inside the house, held her and said that he would marry her and subjected her for sexual act as against her wish and also caused life threat not to disclose the same to any other persons.

Arguments 

Advocate Jagadeesha H, appearing for the petitioner, contended that in 164 statement, the victim has not stated anything about subjecting her to sexual act but only she states with regard to the taking of the victim along with the petitioner. Thereafter, the victim stayed with him for a period of 10 days and later, she was secured and hence, there is no prima-facie material against the petitioner.  

V.S.Vinayaka, HCGP appearing for the State, argued that the Doctor examined the victim and even though provisional opinion is not given and on examination, the Doctor has opined that hymen is not intact and hence, it is clear that she was subjected to sexual act and she also aged about 15 years 1 month on the date of subjecting her for sexual act and hence, there is a prima-facie case against the petitioner.

Court Order 

The single judge bench of Justice H.P.Sandesh noted that the victim girl has not stated anything, whether she was subjected to sexual act or not. No doubt, the doctor, who examined the victim girl, has stated that the hymen is not intact but no provisional opinion is given that whether she was subjected to sexual act or not. 

The court stated that except the report that the hymen is not intact, no other materials are collected against the petitioner. In 164 statement, the victim has not stated anything whether she was subjected to sexual act or not.

The court ordered that the petitioner accused shall be released on bail in connection with Crime registered for the offences punishable under Sections 366, 376, 506 of IPC and Section 5(L) and 6 of POCSO Act, subject to the certain conditions.

Case title: Pradeep v/s The State of Karnataka 

Citation: CRIMINAL PETITION NO.3312 OF 2021 

Click here to read the Order/Judgment

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