STATE OF HARYANA Vs. AMIT

JUDGEMENT

(1.) The present leave to appeal has been preferred by the appellant/State against the judgment dated 17.07.2019 passed by Additional Sessions Judge, Karnal, vide which criminal appeal filed by the respondent against the judgment of conviction dated 17.08.2015 and order of sentence dated 20.08.2015 was allowed.

(2.) A complaint under Sections 28, 3,4, 5, 6,18, 22, 23 and Rules 9(1), (4), 10(1 A), punishable under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short The Act') was filed by the State through District Appropriate Authority against Dr. Brij Sharma, Amit and Smt. Neelam wife of Mahabir Singh on the ground that on 20.04.2011, a secret information was received by the Civil Surgeon, Karnal in the context of unauthorized sex determination being done at House No. 182, Sector 8, Karnal. Thereafter, a team comprising of Dr. Vandana Bhatia, Civil Surgeon, Dr. Anita Aggarwal, Dy. Civil Surgeon, Dr. H.S. Saini, SMO, Indri and Naresh Lal, DFWEO, Karnal was constituted. Raid was conducted. During the raid, respondent Amit Kumar and Dr. Brij Sharma were found present in the house. A pregnant lady namely Neelam was also apprehended, when she was trying to escape. Respondent was found carrying a bag containing ultrasound machine, towel, tubes etc.

(3.) FIR No.289 dated 20.04.2011 was also registered, whereupon chargesheet under Section 173(1) Cr.P.C was presented. Somehow, separate complaint was also filed. In due course, trial Court convicted and sentenced the respondent to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.50,000/- for commission of offence punishable under Section 23(3) of the Act along with default clauses.