Gauhati High Court: Groping Breasts Not Part of Gynaecological Exam, Upheld Doctor's Conviction

The Gauhati High Court has upheld the conviction of a doctor for assaulting a minor patient, ruling that groping her breasts cannot be considered part of a routine gynaecological examination. The court, however, reduced his sentence to a fine of ₹5,000, citing his advanced age and the fact that the incident occurred before legal amendments in 2013.

The case dates back to September 5, 2009, when the 16-year-old victim visited a pharmacy in Morigaon district to consult gynaecologist Anup Kumar Baruah for irregular periods. Two friends accompanied her. According to the victim, the doctor took her into his chamber, unbuttoned her blouse, and groped her breasts despite her protests. He also allegedly touched her private parts and tried to remove her undergarments.

When the victim raised an alarm, her friends entered the chamber and took her away. Her brother later filed a First Information Report (FIR) at the local police station. The police charged Baruah under Section 354 of the Indian Penal Code (IPC), which deals with assault or criminal force against a woman with intent to outrage her modesty.

In August 2013, the Chief Judicial Magistrate of Morigaon convicted Baruah and sentenced him to two years' simple imprisonment with a fine of ₹10,000. The doctor appealed, but the Morigaon Sessions Judge upheld the conviction in March 2014. He then challenged the order in the Gauhati High Court.

Justice Susmita Phukan Khaund, in her July 13 order, found the victim's testimony consistent with the FIR and her statement under Section 164 of the Code of Criminal Procedure. The court noted that no motive for false implication had been shown. The doctor's defence that his actions were part of a routine gynaecological examination was rejected, as the victim's complaint of irregular periods did not require her to unbutton her blouse.

The court also highlighted that the doctor had admitted to touching and pressing her breasts as part of a pregnancy test. "Thus, the plea of the petitioner that on a routine examination of a gynaecological problem, he had touched her tummy and groped and pressed her breasts, appears to be absurd," the order read.

While upholding the conviction, the court reduced the sentence to a fine of ₹5,000, noting that the incident occurred before the 2013 amendment to the IPC, which increased penalties for such offences. The doctor is now 71 years old. The court directed that the fine be transferred to the District Legal Services Authority, Morigaon, to form part of the victim compensation scheme.

Senior advocate T.J. Mahanta and others represented the doctor, while Additional Public Prosecutor R.K. Baruah appeared for the State of Assam.