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| Court acquits doctor facing charges of cheating | | | Early Times Reporter
Jammu | Feb 18
3rd Additional Sessions Judge, Jammu, Mr. Sanjay Gupta acquitted Dr. Gafoor Ahmed of Akhnoor, who was facing charges for cheating persons by impersonation himself to be a Block Medical Officer.
According to the challan, a complaint was lodged by one Madan Lal employee of UCO Bank on October 30, 2005 that he was suffering from some ailment for which he needed some rest for which he needed a medical certificate. Believing that one Dr. Gafoor Ahmed with whom the complainant met is posted at Sub-District Hospital Akhnoor as Medical Officer asked him for a medical certificate. The said doctor issued two medical certificates after charging Rs.100 for each certificate. The complainant further submitted that later he came to know that the said Dr. Gafoor Ahmed had cheated him as he was not in Govt service at that time. The police on this complaint registered a case u/s 419 /420/ 468/ 471/ 197 RPC and after completion of the investigation presented a challan in the Court of law.
3rd Additional Sessions Judge, after hearing Additional Public Prosecutor is appearing for the State and Adv Choudhary Shah Mohammed appearing for the accused Doctor, observed that complainant Madan Lal in his statement stated that he has no knowledge with regard to the occurrence and was declared hostile. On cross-examination he stated that police did not record his statement and the statement recorded on his name u/s 161 Cr PC is incorrect. He did not receive any certificate from other doctor. He got the certificate from the accused and it is also incorrect that he paid Rs 100/- and got certificate from accused as recorded in the statement u/s 161 Cr PC by police, After considering the statements of other witnesses including scientific officer of FSL Jammu the Judge further observed that in view of the prosecution witnesses turning hostile no offence u/s 467/468/471 RPC has been made out. So far offences u/s 419/420/197 RPC are concerned, court is of the view that when substantive offences go, these offences are also not sustainable. Even otherwise there is no iota of evidence that accused cheated by impersonation himself as Government doctor. It has also not been proved that accused put his signature on fake documents, as expert has also given negative report. With these observations court dismissed the challan presented by the police and acquitted Dr. Gafoor Ahmed of the charges leveled against him. JNF
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