Man gets 7-year RI for assaulting woman doctor during 2021 pandemic

Thane, Nov 10 (PTI) A Thane court has sentenced a man to seven years rigorous imprisonment for assaulting and robbing a woman doctor in 2021, saying the punishment would send a strong message against violence targeting medical practitioners.

Additional Sessions Judge Vasudha Bhosale, in the order on October 31, also imposed a fine of Rs 20,000 on the accused, Rashid Shakil Khan (56).

A copy of the order was made available on Saturday.

Additional Public Prosecutor R P Patil told the court that the accused entered Dr Gayatri Nandlal Jaiswal's clinic in Bhayander area of Maharashtra's Thane district on January 3, 2021, during the peak of the COVID-19 pandemic, under the pretext of inquiring about an RT-PCR test.

He was asked to wait, but he got angry and left.

The accused returned shortly and launched a sudden, brutal attack, striking the doctor repeatedly and forcefully on the head with an iron hammer. While she lay severely injured and bleeding, the accused stole her gold chain, a ring, a mobile phone, and Rs 5,000 in cash.

The doctor suffered grievous injuries, including an acute small hyperdense right frontal subdural haemorrhage (brain injury).

The accused was convicted on charges including house-trespass after preparation for hurt and robbery with a deadly weapon under the Indian Penal Code, and provisions of the Prevention of Violence Against Doctors, Medical Professionals and Medical Institutions Act, 2019.

The court said there can be no doubt that the injuries sustained by the complainant (doctor) fall squarely within the definition of 'grievous hurt'.

"Subdural haemorrhage, even if described as 'small' in the CT scan report, is a serious medical condition that can be fatal if not treated promptly. The presence of subdural haemorrhage establishes that the assault with the hammer endangered the complainant's life," it noted.

The court said the Prevention of Violence Against Doctors, Medical Professionals and Medical Institutions Act, 2019, was enacted to provide enhanced protection and deterrent punishment.

The present case is a "classic example of the type of violence this Act seeks to prevent and punish," it said.

The gravity of the crime demands "exemplary punishment to give justice to the victim, deter others from committing similar crimes, send a message that violence against doctors will not be tolerated, and uphold the rule of law," the court said while sentencing the accused.

It directed that out of the fine amount, Rs 10,000 be paid to the doctor as compensation for the physical and mental trauma suffered by her, medical expenses incurred, and loss of earnings during hospitalisation and recovery period.

As many as 14 prosecution witnesses were examined to prove the charges against the accused, the prosecutor said. PTI COR GK