[POCSO] Due to negligence by doctor in conducting medical examination, no evidence regarding sexual assault: Karnataka High Court

Single-judge Justice HP Sandesh, therefore, granted bail to the rape accused while also directing the principal secretary of the Medical Department to issue a circular reiterating the duties of doctors who conduct medical examinations of sexual assault survivors.

The Court said that doctors have to specifically state in their medical opinion whether or not a sexual act was committed.

“Inspite of within two days of the examination of the victim, the doctor has not opined whether she was subjected to sexual act or not. The very purpose of producing the victim before the Medical Officer for examination is not served on account of callous act of the Medical Officer, who was working in K.C.General Hospital, Bengaluru. As a result of the negligence on the part of the Doctor, there is no material regarding heinous act of the petitioner,” the Court said.

Source: Barandbench