STATE Vs. DR. GAJRAJ SINGH

JUDGEMENT

(1.) FIR No.387/2015 under Sec. 354 Penal Code and Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') was lodged on the complaint of the prosecutrix who stated that she was 12 years old and on 22nd June, 2015 at about 10.00 am she had gone to Homoeopathy Dispensary at Block-26, Trilok Puri for her check up along with her mother. When her mother told the doctor that she was having stomach, the doctor started checking her stomach by pulling up her top and thereafter pulled down her pyjama and started touching her private part with his hand on which her mother caught hold off his hand and asked him what he was doing on which the doctor said that he was examining her. On her mother asking to complaint against him, the doctor said that whatever she wants to do she can do. She made a call to the police.

(2.) FIR No.388/2015 under Sec. 354 Penal Code and Sec. 10 of the POCSO Act was lodged on the written complaint of the prosecutrix who stated that she was 17 years old and on 22nd June, 2015 around 10.00 AM she had gone to Homoeopathy Dispensary at Block-26, Trilok Puri. When she told the doctor that she was having pain in the stomach, the doctor told her to pull over her shirt so that he could check her. When she pulled her shirt, the doctor checked her stomach and asked her to loosen her string of salwar so that he could check. The prosecutrix protested stating that it was her stomach which was paining and did not open the salwar however, the doctor kept his hand over her lower portion from over the salwar due to which she got terrified. When she came home she told her mother and gave a written complaint.

(3.) Both the prosecutrix were produced before the learned Metropolitan Magistrate for recording her statement under Sec. 164 Crimial P.C. wherein they completely exonerated the respondent. They stated in her statement under Sec. 164 Crimial P.C. that on 22nd they had gone with her mother to the dispensary and went to the doctor without following the line due to which the doctor scolded her. They started crying and their mother called the police on phone. They did not know what happened thereafter.