Police report on alleged rape of a patient by her doctor in Assam

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On perusal of relevant records of the case, it transpired that on last 27/11/2011 the complainant (name and address withheld by the BHRPC for protecting identity) lodged an FIR at Dholai PS interalia alleging that on the same day @ 4PM the complt. being accompanied by her sister in law (name withheld) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up. Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accd. doctor closed the door and window from the outside and forcibly raped her.  Hence the case was registered and investigated.

In course of investigation the I/O examined the complt. (victim) and recorded her statement U/S 161 CrPC as well as recorded judicially U/S 164 CrPC. In both statements given to police and to the court, the complt. corroborated the gist of the FIR. The I/O also visited thePO, drew up sketch map. The I/O got the complt. medically examined at SMCH, Silchar and collected medical report where the concerned doctor of the SMCH, Silchar opined that (1) Evidence of recent sexual intercourse not detected (II) evidence of violent mark not detected in her private part and (III) her age is above 18 years and below 20 years. The I/O, also, in course of investigation examined the following witnesses who appeared to be acquainted to the fact or the case. Their statements were recorded U/S 161 CrPC.

WITNESS:

  1. (Name withheld by the BHRPC)
  2. (Name withheld by the BHRPC)
  3. (Name withheld by the BHRPC)
  4. Mrs Manjuma Sangami

The first three of the four witnesses examined above corroborated the gist of the FIR to the extent of their knowledge about the occurrence. The fourth witness Mrs Manjuma Sangmai being the wife of the accd. doctor relayed the story in her statement in the way to defend her accd. husband.

In course of investigation the accd. Dr Dilip Paul was arrested in connection with the case and examined and interrogated thoroughly vis-à-vis the charges leveled against him. Later on, he was released on bail as per the direction of the Hon’ble Gauhati High Court. During the investigation the charge under section 376 IPC found established against the accd. Dr Dilip Paul. Hence charge-sheet was already submitted against him on 13/03/12.

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Sd/

Superintendent of Police

Cachar, Silchar

Date: 17/03/12

(This report (vide No. G/SR/1281 dated 16/03/12) was submitted to the Deputy Registrar of the Assam Human Rights Commission in response to the notice issued by the AHRC for report on the complaint filed by the BHRPC and has been registered vide AHRC Case No. 302/2/11-12.)

(In response to a letter of the Deputy Registrar, AHRC, the BHRPC submitted its comments on the report which is available here and BHRPC statement can be viewed here.

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