What to do if a Doctor is accused of a false case of rape by patient


Sir my friend is a doc and a patient came to his clinic in daytime along with her husband for med. My friend sent her husband to a nearby chemist to get an injection and gave that inj iv .In the evening that lady came back with her husband and accused the doc to have iserted finger in her vagina on the pretext of checking her and then her husband took the docs scissors and made a video of the doc and his wife in which they were just trying to convince them both.Then that lady filed an FIR and my riend was sent to jail for six months.He got bail from high court after she gave her statement against him but in her medical report there was no injury mark on her private parts and she was having periods on the day she complained.Sir please guide what to do next.The section imposed is 376c(d).Even that video has not been used by them in the case but it was made viral on all social sites.

Answers (3)


123 votes

First see what is the provision your friend is charges with :

Sexual intercourse by person in authority.

376C. Whoever, being—

a. in a position of authority or in a 6duciary relationship; or

b. a public servant; or

c. superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or

d. on the management of a hospital or being on the staff of a hospital, abuses such position or 6duciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than 6ve years, but which may extend to ten years, and shall also be liable to fine.

Now under section 376C(d) your doctor friend needs to prove the purpose/investigation for which woman came for treatment. In the event treatment involved investigation of vagina, he may have defence, else he may take defence that there was no insertion, but it would depend upon statements of complainant. In any case, the provision your doctor friend is charged with is abuse of authority, the presumption of having done such act for seduction has to be disproved from cross examination of complainant and witnesses. You shall require utmost good lawyer to represent your friend. In the event of his acquittal, your friend can file complaint for malicious prosecution against complainant.
The above advice is only preliminary advice on basis of facts provided, and detailed specific advice can be rendered only on the basis of chargesheet filed and other evidence available.


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148 votes

Without knowing about other relevant facts and about contents of chargesheet, it's not possible to guide you. Anyway on the basis of information shared by you, the best is to firstly face the trial with the help of good lawyer and after acquittal, suit for malicious prosecution demanding damages may be filed.

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Hello whole incident is depend of your evidence ...when in your defence time then the cross of witnesses may relief and its depend of m.l.r.report...

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