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

In Criminal Law
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)

60 votes

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

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

117 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.

Popular Criminal Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience
56 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.

Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles