ICU rape: HC confirms life for doc

The Bombay High Court on Saturday confirmed life sentence awarded to a 29-year-old doctor for raping a patient in the ICU of a Thane hospital.

A division bench of Justices PV Hardas and PN Deshmukh accepted public prosecutor Usha Kejriwal argument that the medical evidence in this case did not fully support the victim’s version, the act of the doctor amounted to rape.

According to Kejriwal, the victim was admitted to the general ward of a private hospital on January 28, 2013, after she complained of giddiness. She was under the care of one Dr Tadvi. Dr Vishal Wanne, a resident medical officer, who was on duty the night of the incident, informed Dr Tadvi that the condition of the patient had deteriorated and shifted the patient to the Intensive Care Unit. He then administered an injection to the victim that made her drowsy and raped her.

He asked then nurse of ICU to go out and rest and also told the victim’s husband that the patient was fine under his care and asked him take a short nap. The victim realised that she was being raped but could not resist because she was drowsy.

The victim’s husband lodged a police complaint after he found out what happened from his wife and Wanne was arrested.

Wanne’s defence in court was that the act could not be termed as ”rape” since the medical test indicated that there were no injuries of rape on the victim’s body.

The prosecutor cited previous judgments to prove that even the slightest penetration should be termed as ”rape” and that this act fell within the definition of Section 376 (D) of the IPC, which is punishable with life imprisonment.