Groping breasts not part of routine gynaecological examination, says Gauhati High Court
The court rejected the doctor’s defence that his conduct amounted to a routine gynaecological examination Upholding the conviction of a doctor in a 17-year-old case, the Gauhati High Court said groping the breasts of a minor patient could not be treated as a routine gynaecological examination. The court, however, considered gynaecologist Anup Kumar Baruah’s advanced age to reduce his sentence under Section 354 of the Indian Penal Code (IPC) to ₹5,000, with a default sentence of two months’ rigorous imprisonment. This Section addresses assault or criminal force used against a woman with the intent to outrage her modesty. The case had its genesis in the victim’s visit on September 5, 2009, to a pharmacy in Morigaon district to consult Dr. Baruah for irregular periods. Two of her friends had accompanied her. The victim said the doctor took her into his chamber, unbuttoned her blouse, and groped her breasts despite her protests. She also said the doctor touched her private parts and tried to remove her undergarments. Her friends entered the chamber when she raised an …



