Srinagar: A Court here has sentenced a dentist to two years imprisonment while convicting him for sexual harassment of a woman in 2014.
Underscoring that the prosecution has succeeded in establishing the guilt of the accused for the commission of offense under section 509 of Ranbir Penal Code (RPC)- replaced by IPC now- beyond reasonable doubt, City Magistrate Srinagar Fozia Paul said: I find accused namely Dr Shafiq ur Rehman, guilty under Section 509 of RPC and accordingly, I convict the accused for the commission of the offence”, reads the provision.
Notably, Section 509 of RPC provides for punishment for the “word”, “gesture” or “act” intended to insult the modesty of a woman.
“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, or transmits through SMS or email any obscene song, ballad or words or any abusive language, intending that such word or sound shall be heard, or that gesture or object shall be seen by such woman, or intrudes upon the privacy of such a woman, shall be punished with simple imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine”, reads the Provision.
In response to the contention by counsel for accused that the deserved some leniency in the quantum of sentence as he was not a previous convict and had been facing the agony of trial for the last many years, the Court said: “The accused being a Doctor has a professional duty towards public and treating his patient in such a way by a professional doctor is not acceptable at all”.
Accordingly, the Court sentenced the accused to undergo simple imprisonment for two years and imposed on him a fine of Rs 5000 under section 509 of RPC, which, it said, shall be paid as compensation to the victim. In case of default in payment of fine, the court said, the accused shall undergo further imprisonment of two months.
With regard to the contention that the accused may be given benefit of section 562 of Cr P C and may be released on probation, the court said: “The accused is a professional doctor and understands the implications of doing such acts.
More so, the manner in which the accused has victimized the victim who was an unmarried girl at that time, coming from a remote village to his clinic for treatment, thereby causing her mental and emotional agony”.
“So giving the benefit of section 562 of Cr P C to such an accused would definitely defeat the ends of justice and fight against harassment towards woman”, the City Magistrate said, adding, “I am disinclined to exercise the power of section 562 of Cr P C to exercise my discretion to release accused on probation”.
While the court ordered that the accused who was present be taken into custody and be sent to Central Jail Srinagar to suffer imprisonment, it said a copy of this judgment be forwarded to Secretary DLSA Srinagar for recommendation of compensation to the victim.
The prosecution case was that on April 23, 2014, the victim along with her fiancé lodged a complaint before the SHO police station Maisuma. In the complaint, the victim alleged that on April 22, 2014, she went to a clinic situated at Maisuma for treatment of her teeth.
The victim was accompanied by her fiancé who was doing a private job then. So he left the complainant at the clinic and went to attend his job. Subsequently, the doctor arrived and the victim was called by the doctor for examination.
While the victim was with the accused in his treatment room, he passed “lewd and vulgar remarks” towards the complainant. Further, the accused made “sexual overtures” to the victim and also “sexually harassed” the victim inside the room, the prosecution said.
Meanwhile, someone from outside, it said, called the accused and he went outside. “Immediately, the victim made a call to her fiancé and asked him to reach quickly”.
After the police registered an FIR, its investigation culminated in the presentation of the charge-sheet before this court against the accused. Accused was charged on June 26, 2015 for commission of offence u/s 509 of RPC.
