Dentist accused of rape, abetting suicide of minor girl gets bail over lack of evidence

MUMBAI: The Bombay high court (HC) on Wednesday granted bail to Dr Amol Babanrao Hemke, a dentist who was arrested on February 5, 2024, for allegedly raping and abetting the suicide of a minor receptionist. The prosecution had accused Hemke of severe harassment, including physical and verbal abuse, sexual misconduct, and threats, which they claimed led to the victim’s suicide.
Justice Sarang Kotwal ruled that in the light of insufficient material related to the allegations and the nature of the evidence presented, Hemke’s continued detention was not warranted.
The prosecution case is that since April 2020, the victim worked as a receptionist at Dr Amol Babanrao Hemke’s clinic while also attending school. The FIR alleges that Hemke frequently scolded her over their studies and imposed strict restrictions on her social interactions and use of a mobile phone. It is also claimed that he denied her leave and subjected her to physical and verbal abuse. Serious allegations of sexual harassment were also made, with claims that Hemke engaged in inappropriate contact, coerced her into a relationship, and threatened to release compromising videos and terminate her employment. The deceased’s financial difficulties reportedly exacerbated her fear and distress, which resulted in her suicide on December 28, 2023.
In a recent legal proceeding, advocate Niranjan Mundargi along with advocate Keral Mehta representing Hemke argued that if the allegations of sexual harassment and forcible physical relations against him were accurate, the victim’s sisters would not have allowed her to attend Hemke’s clinic. The defence maintained that the most that could be alleged was that Hemke was strict and expressed anger over an expensive instrument damaged by the victim.
According to the defence, the witness statements in the chargesheet from nearby shops and house owners indicated they observed no dispute between the accused and the victim. Additionally, the chargesheet includes a Call Detail Record (CDR) showing multiple telephonic conversations between the victim and a friend on December 28, 2023, with continuous exchanges until around 4pm, shortly before the victim’s tragic suicide.
Additional public prosecutor Vinit A Kulkarni along with advocate Ashok M Saraogi representing the respondents contended that the initial investigation was inadequate, with authorities initially classifying the death as accidental despite indications of harassment. They argued that statements were recorded to align with this classification. It was only due to public pressure and persistent efforts by the deceased’s family that an FIR was eventually filed.
The prosecution also argued against granting bail to the accused and emphasised the nature of the incident, involving a young girl, which precludes the possibility of eyewitnesses due to the victim’s fear and inability to protect herself. The prosecution highlighted that the First Information Report (FIR), along with statements from the victim’s mother and sisters, substantiate serious charges, including abetment to suicide, offences under the Protection of Children from Sexual Offenses (POCSO) Act, and rape. Consequently, the prosecution contends that these severe allegations warrant the denial of bail to the accused.
Due to the lack of evidence, justice Sarang Kotwal granted bail to Hemke ruling that it cannot be conclusively determined that his actions amounted to harassment severe enough to compel the victim to commit suicide. The court noted that there is insufficient material regarding allegations of sexual harassment and forcible physical relations. Consequently, the court deemed the continued detention of the accused during the trial to be unnecessary.