In the high-profile rape case involving a four-year-old girl from Gurugram, a doctor of Max Hospital Dr. Babita Jain has told the Supreme Court that she never changed her medical opinion regarding the child’s examination. She was issued show cause notice by the Apex Court in the matter.
The Senior paediatrician submitted an affidavit denying any external influence or alteration of her findings, responding to allegations raised during earlier hearings that had drawn sharp criticism from the bench.
The case stemmed from a writ petition filed by the victim’s parents seeking a CBI or SIT probe, citing serious lapses by Haryana Police in investigating the alleged sexual assault on their daughter. Senior Advocate Mukul Rohatgi highlighted discrepancies, pointing out that Dr. Jain had prepared an initial case sheet after examining the child on February 2, but later addressed a letter to the investigating officer with what appeared to be differing observations.
The Chief Justice had termed the alleged shift “shameful” for a doctor and demanded an explanation. Dr. Jain maintained that she first met the mother, who recounted the incident, and then examined the child, who described being taken in an auto-rickshaw to a “dirty place” where a man kissed her cheek, pinched her ear, and slapped her stomach. Physical examination revealed no obvious injuries, with normal private parts, leading her to advise psychological counselling and initiation of a medico-legal case by other doctors. She insisted her account remained consistent across interactions with police, including a statement recorded five days later and a follow-up visit 47 days after the examination.
The Apex Court had earlier expressed strong displeasure over the Haryana Police’s handling of the case, describing the investigation as “shocking” and insensitive, particularly the invocation of a lesser offence instead of aggravated penetrative sexual assault and the recording of the child’s statement near the accused.
In response to the show-cause notice issued to Dr. Jain, she asserted in her affidavit: “I have not changed my medical opinion in any manner... Any submission to the contrary given by any party to the present case is incorrect.” The bench had already directed the formation of a Special Investigation Team to take over the probe, disassociating the local police and issuing notices for disciplinary action against erring officers, while seeking clarification from the doctor on the alleged change in her report.
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