DR. JYOTHISH K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Rape is one of the most inhuman crimes against women. An Orthopedic Surgeon attached to the Medical College Hospital, Thrissur has filed this application apprehending arrest by the respondent in Crime No. 10 of 2021 of the Medical College Police Station, Thrissur District.

(2.) The case of the prosecution is that the petitioner who is a Doctor attached to the Medical college, Thrissur is having consultation at his residence at Mulankunnathukavu. On 24.12.2020 at about 6 p.m when the victim approached the petitioner with complaints of shoulder pain he had outraged her modesty by pressing on her breast and committed rape on her by inserting his finger into her vagina and thus committed offences punishable under Section 354, 376(2)(e) and (k) of the Indian Penal Code.

(3.) The learned Senior Counsel for the petitioner has submitted that the petitioner is working as an Associate Professor in the Medical College at Thrissur from the year 2005 and he is having high reputation in the society and is well known as an efficient orthopedic surgeon. He never committed such a heinous crime that too towards his patient as alleged against him. The learned counsel for the petitioner in the statement of facts specifically mentioned and submitted as ground No.3 that as this petitioner and one Dr. Sherry Issac have difference of opinion with one Dr. Vinesh Senan on account of his business in surgical implants and other accessories and canvassing patients to use his products even when there are no requirement or necessity, he is entertaining rivalry and professional jealousy towards them. According to the learned counsel for the petitioner Dr. Vinesh Senan had even stated to a staff of the Medical college that the petitioner would be dealt in a manner where he won't able to work in the Medical college. Thus he has been trapped in this case by using a patient who visited him for treatment more than twice. It is also submitted by the learned counsel for the petitioner that there was an attempt to implicate Dr. Sherry Issac also in a false case of similar nature. The allegation was that Dr. Sherry Issac has molested a by-stander of a patient admitted in the hospital.