MOHAMMAD IMTIYAZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the Misc. Petition, petitioner has made challenge to the order dtd. 21/5/2022 passed by the learned Addl. Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan, Jodhpur in Sessions Case No. 04/2019 whereby charges under Ss. 4, 5, 6, 18, 23 and 25 of the PCPNDT Act and Rules 4, 9, 10 of the Rules of PCPNDT Act as also Sec. 315/511 and 120-B of the IPC has been framed. He sought exoneration from the charges and quashing of the entire proceeding against him.

(2.) Bereft of elaborate details, briefly stated the facts of the case are that officer of respondent-Department, upon receipt of an intel regarding unlawful sex determination by using radiological examination; made a complaint to trap the accused by sending a bogus patient/client. The source information was with regard to accused Rajendra Choudhary @ Raju and Hanuman Jayani. Accordingly, a trap organized and a decoy was sent, who communicated with accused Rajendra Choudhary. The officers reached to the place, accused Sanjay Tyagi took the bogus patient to a house and agreed for termination of pregnancy. Involvement of Sohan Lal, Sanjay Tyagi and two other persons named above is apparent from a perusal of the criminal complaint No. 19/2017. When it comes to the role played by the petitioner and availability of legally admissible evidence against him, it is noticed that except the bald claim in the complaint to the effect that when the accused Hanumana Ram was interrogated, he made a disclosure about involvement of the petitioner. Neither the disclosure was made before a judicial officer or not before a competent authority. The disclosure wouldn't fall within the parameters of the Sec. 27 of the Indian Evidence Act and a further fact that subsequent thereto accused Hanumana Ram also reiterated from making such disclosure.

(3.) Accordingly, the instant Misc. Petition is allowed. The order dtd. 21/5/2022 passed by the learned Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan, Jodhpur in Sessions Case No. 04/2019 is hereby quashed and set aside to the extent it relates to the order framing charge against the petitioner.