The Bombay high court on Wednesday directed the police not to arrest a city-based doctor, accused of raping his 27-year-old patient suffering from tuberculosis, till June 11 when his application seeking to submit his blood and semen samples to police will be heard.
Dr Rustom Soonawala (44) approached the high court on Tuesday after the sessions court rejected his application in which he had stated that he was ready to give his blood and semen samples provided he was not arrested at the hospital.
Advocate Aabad Ponda, appearing for Dr Soonawala, argued that under Section 53(A) of the Criminal Procedure Code, a rape accused has the right to submit himself to the police for medical examinations.
“The police can wait to arrest the doctor till the reports of the medical tests are out. The commission of the offence of rape will be established if the medical tests are positive with the tests conducted on the victim. Only an innocent man will agree to undergo such tests in a rape case,” advocate Ponda argued.
Prosecutor Prajakta Shinde, opposed the application and said if permission is given in one case, every other accused would seek the same relief. Justice A.M. Thipsay, however, said, “What is the harm if the medical examination is done? If the report is positive then he (doctor) will only face the consequence.”