Dr. Anup Kumar Baruah's conviction under Section 354 IPC maintained; fine imposed in lieu of imprisonment due to advanced age.
In a significant judgment, the Gauhati High Court has upheld the conviction of Dr. Anup Kumar Baruah under Section 354 of the Indian Penal Code for outraging the modesty of a woman, while reducing his sentence from imprisonment to a monetary fine, citing his advanced age as a mitigating factor. The judgment was delivered by Justice Susmita Phukan Khaund on July 13, 2026, in a criminal revision petition filed by Dr. Baruah against the decisions of the lower courts.
The case originated in September 2009, when the victim, referred to as 'X', approached Lily Medical Hall in Morigaon for medical consultation regarding irregular menstrual periods. During the examination, Dr. Baruah allegedly engaged in inappropriate conduct, including unbuttoning the victim's blouse and groping her breasts. The victim's protests were dismissed by the doctor as part of a routine check-up, but the situation escalated, prompting intervention by the victim's friends and subsequent filing of an FIR by her brother.
The Chief Judicial Magistrate of Morigaon initially sentenced Dr. Baruah to two years of simple imprisonment along with a fine. This decision was upheld by the Sessions Judge in Morigaon upon appeal. Dr. Baruah then approached the High Court, challenging both the conviction and the sentence.
Justice Khaund, in her judgment, emphasized that the victim's consistent testimony was sufficient to establish the guilt of the accused, despite minor contradictions in the evidence. The court dismissed the defense's argument that the alleged actions were part of a medical routine, noting that a doctor's inappropriate touching during an examination cannot be justified as part of standard medical practice.
The court acknowledged the age of the petitioner, who is 71 years old, and reduced the sentence to a fine of Rs 5000, directing that the fine be deposited into the victim's compensation scheme managed by the District Legal Services Authority in Morigaon.
This judgment underscores the judiciary's commitment to upholding the rights and dignity of women while balancing considerations of age and health of the accused. The decision is also a reminder of the legal system's sensitivity towards the nature of crimes committed in private settings where eyewitness testimony is rare.
Bottom line:-
Conviction under Section 354 IPC upheld despite minor contradictions; the testimony of the victim is sufficient to establish outrage of modesty. Sentence reduced to fine considering age of the petitioner.
Statutory provision(s): Indian Penal Code, 1860 Section 354; Criminal Procedure Code, 1973 Section 313
Dr. Anup Kumar Baruah v. State of Assam, (Gauhati) : Law Finder Doc id # 2940810
