SRINAGAR: City Magistrate Srinagar, Fozia Paul has convicted a Srinagar dentist for sexual harassment under section 509 and has ordered his immediate arrest. He has been fined and given a simple two-year imprisonment. The dentist was running his clinic in Maisuma.
“The accused is sentenced to undergo simple imprisonment for a period of two years and is imposed fine of Rs 5000/- under section 509 of RPC, which shall pay as compensation to the victim,” the 56-page judgment reads. “In case of default in payment of fine; the accused shall undergo further imprisonment for a period of further two months.”
The judgment came in a case registered with police station Maisuma on April 2014. Throughout the case, the judgment suggests the victim has stood firm in her deposition before the court and even faced the cross examination very firmly.
The case pertains to a young lady from Khag area of Budgam who accompanied her fiancé to the dentistry clinic, Sunny Dental Clinic at Maisuma. As the wait prolonged, her fiancé, working at a city hotel, went to work. While examining the lady, the dentist attempting to take advantage and misbehaved. This led her to call her fiancé and leave only to share with him the details later. The couple went to the police station, the next day and a case was registered.
The trial court refused to grant any concession to the convict under section 562 that would entail his release on probation. “He is a professional doctor and understands the implications of doing such acts which can intrude upon the privacy of a woman,” the judgement reads. “The manner in which the accused has victimised 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 CrPC to such an accused would definitely defeat the ends of justice and fight against harassment towards woman.”
The accused dentist had brought two witnesses before this court in his defence. “Both of them have confirmed the fact that the victim had an appointment with the accused doctor on the day of occurrence and her fiancé was not present there at the time, when her treatment was done by the accused,” the judgment reads.
The prosecution was represented by Mohsin Khan and the defence was led by Bilquees Jabeen.
