Dr Rustom Soonawala (44) approached the High Court yesterday after the sessions court rejected his application in which he had stated that he was ready to give his blood and semen samples provided he was not arrested at the hospital.
Advocate Aabad Ponda, appearing for Soonawala, argued that under section 53(A) of the Criminal Procedure Code, a rape accused has the right to submit himself to the police for medical examinations.
Prosecutor Prajakta Shinde, however, opposed the application and said if permission is given in one case, every other accused would seek the same relief.
Justice A M Thipsay, however, raised query on why the police was refusing to conduct medical tests on a rape accused. "What is the harm if the medical examination is done? If the report is positive then he (doctor) will only face the consequence. The prosecution has not given a satisfactory reason for not taking the accused person's medical test," the court said.
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However, the police refused to accept the suggestion following which the High Court placed Soonawala's application for hearing on June 11.
"The applicant (Soonawala) shall not be arrested till June 11. He shall report to the Khar police station today for interrogations and medical tests if the police wishes to conduct," Justice Thipsay said.
Soonawala is accused of raping his patient on May 17 under the pretext of examining her at his Khar clinic while her husband and his receptionist were waiting outside the examination room.