news details |
|
|
| Court frames charges under PITA against so called doctor | | |
EARLY TIMES REPORT
JAMMU, Mar 9: Special Mobile Electricity Magistrate Jammu RN Wattal today framed charges under section 420 of Ranbir Penal Code r/w section 3/4/5/7 PITA against so called doctor Vasta in much publicized case of running a brothel in the residence area of Trikuta Nagar. According to the police case, on April 6, 2009 Inspector Abdul Hamid Giri SHO Police Station Bahu Fort along with other police officials was on patrol duty with in the jurisdiction of police station Bahu Fort. During patrolling they received information that one Dr Vasta, who has taken the first floor of House No 13 in Sector 2 of Trikuta Nagar in residential area on rent basis, is running a flesh trade (brothel) under the guise of a health clinic and luring the young boys and girls for enjoining in the trade for earning money.
Acting on a tip off that young boys and girls are present there as customers Incharge SHO P/S Bahu Fort rushed to the said residential house at Trikuta Nagar and searches of Dr Vasta's accommodation were conducted.During the search, the room of Dr Vasta was found closed and the door was knocked but no one responded due to which door was forcibly opened. Inside the room a youth named Gagan Deep Singh of Vikram Nagar Gadigarh and a girl of Srinagar were found naked.
Two more youths Hardev Singh son of Makhan Singh of Ajit Nagar Gadigarh and Harmeet Singh alias Deepu son of Pritam Singh of Digiana Ashram were in queue, waiting for their turn.
During the police raid besides liquor bottles and cigarettes, condoms were also recovered from the spot. Alleged accused along with Dr Vasta were arrested and FIR No. 85/09 u/s 3,4,5,7 of PITA was registered against the accused at P/S Bahu Fort and investigation of the case was assigned to Dholat Khan, who commenced the investigation, prepared the spot sketch of occurrence, recorded the statement of witnesses u/s 161 of Cr PC, seized the condoms Mala-D Tablets, Cigarettes, liquor bottles and concluded the investigation with the finding that accused Dr Vasta, Gagan Deep Singh, Hardev Singh, Harmeet Singh, Rehana have prima facially committed the offences u/s 3,4,5,7 of PITA and hence the instant challan was registered. Court after hearing Senior Prosecuting officer Rajesh Bakshi, rejected the plea of the opposite party that investigation and search in the case has been conducted by incompetent police officer and not by a special police officer as envisaged under PITA and as such the challan is not maintainable and requires out right dismissal and subsequent discharge of the accused, are not sustainable and are thus rejected. It shatters the young generation and erodes the basic structure of the society.
The faulty investigation or irregularity in investigation if any can't be a defence to the accused to avoid the trial. Bear perusal of section 23 of Police Act reveals that a police officer is duty bound to bring the offender to the justice. The duties enjoined upon the police officer by the section 23 of police Act be something quite apart from those which are enjoined upon them by Cr PC. The power enjoined upon SHO P/S under Section 23 of Police Act is irrespective of any special act. On this account also SHO P/S is competent to investigate the offences under PITA. The accused Dr Vasta was running a brothel in the residential area of Trikuta Nagar under the guise of Health Clinic and other accused were participles criminals with Dr Vasta.
The material on file is sufficient for charging the accused u/s 3,4,5,7 PITA. Court would also feel it conclude that besides running a brothel in the residential area the so called Dr Vasta not being a competent medical practitioner deceived and cheated the public by posing to be a Doctor. The material in file is therefore sufficient for charging the accused Dr Vasta u/s 420 of RPC r/w section 3/4/5/7 PITA. ---JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
