J S SODHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 21.5.2008 passed by Sub Divisional Judicial Magistrate, Mobile Court at Ferozepur Jhirka vide which he had convicted accused Dr.J.S. Sodhi for contravention of Sections 4(1), 4(2), 4(3), 5(1), 5(2), 6(a) and Section 29 read with Rule 9 and 10 punishable under Section 23 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'the Act' ) and vide order dated 24.5.2008, the accused was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- for the commission of offence under Section 23 of the Act and Amendment 2002 & Rules made thereunder, as well as judgment dated 12.9.2009 passed by Additional Sessions Judge, Fast Tract Court, Nuh vide which the said judgment was affirmed and appeal filed by the accused convict was dismissed.

(2.) The accused-convict Dr.J.S. Sodhi, who is petitioner before this Court prays that the revision be accepted, the impugned judgment of his conviction and order of sentence by Sub Divisional Judicial Magistrate, Mobile Court at Ferozepur Jhirka and judgment in appeal by Additional Sessions Judge, Fast Track Court, Nuh be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per prosecution story are that on 17.9.2007, a team comprising Dr.Satish Yadav, SMO, Ferozepur Jhirka and Sh.N.K. Ahuja, Drug Inspector was constituted by the Appropriate Authority, Mewat in terms of Section 30(1) of the Act for the purpose of investigation of complaint; that the team conducted a raid at hospital of Dr.J.S. Sodhi after sending a decoy customer Smt.Omwati; that decoy customer was given currency notes, the distinctive numbers of which had been noted down and spot memo was prepared; that the decoy customer had deposited that amount with the hospital for getting sonography conducted; that accused had issued a report of ultrasound besides giving printed ultra sonography to Omwati; that on getting a pre fixed signal, the team had conducted raid; that the accused could not produce any registration certificate as required under the Act; that during the investigation Rs.500/- currency note so handed over to decoy customer by the Investigating Officer was recovered. The complaint was filed in the Court.