- (1.) This Revision Petition is directed against a judgment dated 01.02.2013 passed by the learned Additional Sessions Judge(ASJ) affirming the conviction and sentence imposed on the Revisionist for commission of an offence punishable under Section 354 IPC and directing him to undergo RI for 18 months and to pay a compensation of Rs. 20,000/- to the complainant by the learned Metropolitan Magistrate(MM) by an order dated 09.02.2012.
(2.) As per prosecution version, the Revisionist is a qualified homeopathic doctor and runs a homeopathic clinic at Gopi Nath Bazar, Delhi Cantt. in the name of Dr. M.M. Gupta Homeopathic Clinic. On 23.05.2007 at about 6:00 pm, the prosecutrix along with her mother visited the Revisionist's earlier said clinic. The Revisionist as a doctor desired to physically examine the patient(the complainant) and took her to a subclinic examination room just behind a translucent glass portion adjacent to the consultation room. The Revisionist asked the complainant to lie down and deliberately touched her private parts as also her breasts while he had no business to do so. The complainant was stunned by the Revisionist's act and returned home without any opportunity for a reaction. On reaching home, she narrated the incident to her sister and decided to lodge a complaint in the Police Station the next morning. The FIR was registered and after completion of the investigation, a charge sheet for the offence punishable under Section 354 IPC was filed against the Revisionist.
(3.) In order to establish its case, the prosecution examined six witnesses. PW1 complainant Monica Mehta is the only material witness examined by the prosecution. The examination-in-chief of the complainant is extracted hereunder: "I am resident of above mentioned address. On 23.05.2007, at about 6 pm I went to the clinic of the accused i.e. Dr. M.M. Gupta, homeopathy doctor at Gopinath Bazar, Delhi Cantt for medical treatment of head ache and insomnia along with my mother. The accused is present in the court and identified by the witness. The accused told me that there is a need of medical check up as such he took me to the back side of his clinic as there was a partition in the clinic. He told me to lay on the bed present over there and I did the same. Thereafter, he started checking my stomach and thereafter, insert his hand in my jeans and touched my private parts. I was shocked on the act of the accused. He removed his hands from my jeans and then also touched my breasts by putting his hand through my shirt. Thereafter, he went to his seat from the partition. I was shocked. Thereafter, the doctor prescribed some prescription and thereafter, I went to my home along with my mother. Thereafter, on the asking of my sister Umang Mehta as to why was I so shocked I told the whole incident to my sister and decided to take the proper legal action against the accused. On the next morning i.e. 24.05.2007 I went to the PS along with my sister Umang Mehta thereafter, police recorded my statement which bears my signature at point A .";