Additional Sessions Judge V B Bohra held that the prosecution had proved that the male nurse molested the victim while she was admitted to Joy Hospital in Chembur for acute abdominal pain in 2016
The judge found no material supporting manipulation and said footage from 3.30am to 3.50am showed him molesting the patient.
The court said even without the footage, testimony from the victim and other witnesses was sufficient to establish molestation . Yadav denied the charge and alleged false implication.
He admitted working at the hospital as a male nurse for three to four months before the incident, but claimed the CCTV footage was false, fabricated and edited.
Yadav was also fined Rs 25,000, of which Rs 20,000 will be paid to the victim as compensation if it is recovered. The court also granted him set-off for his custody from Oct 14, 2016, to Nov 15, 2016. Because she had described herself as unconscious or drowsy, the court observed, “Generally, a woman, that too young and unmarried, would not take risk of putting her reputation at stake by making such allegations, rejecting the defence’s attempt to question her account.
Rejecting leniency, the judge said, “The act of the accused was very very serious. The judge also noted that the victim was in the ICU in unbearable abdominal pain and under medication, and Yadav “had taken disadvantage of her situation and committed the crime of molestation”. Finding the victim’s evidence credible, the court said there was no previous enmity and no reason for her to falsely implicate Yadav.
The judge, however, held that the prosecution had failed to prove that Yadav administered any poison, intoxicating, stupefying or unwholesome substance to the victim. The judge noted that her blood sample was not collected for chemical analysis and no sufficient medical evidence was led on that allegation.
Mumbai: A sessions court on Wednesday convicted a male nurse, now aged 31, of sexually harassing a female patient and assaulting her with intent to disrobe in the ICU of a Chembur hospital a decade ago, and sentenced him to five years’ rigorous imprisonment.
The judge said the prosecution established that Yadav was employed at the hospital and was on ICU duty at the relevant time. Public prosecutor KY Salunkhe relied on eight witnesses, including the victim, her friend, doctors and police personnel. The court relied on the woman’s testimony, statements from doctors and hospital staff, and CCTV footage collected during the investigation.