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| Court frames charge against Ex-Health Minister in molestation case | | Disposes of his plea seeking gag on media | | Early Times Report
Srinagar, Apr 22: A court in Srinagar today framed charges against Congress leader and Ex-Health Minister, Shabir Ahmad Khan, regarding alleged sexual assault on a lady doctor here last year.
"Prima facie there is sufficient material to presume that accused has committed offence under sections 354, 509 RPC and ground exits for holding trial against him," said Chief Judicial Magistrate VS Bhou while framing the charge against Khan for commission of offences under RPC sections of 354 (assault or criminal force on woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult modesty of a woman).
The court subsequently directed prosecution to lead evidence in substance of charge on May 16.
"Concluding lines of statement of victim specifically pin points the allegations which fall within the compass of ingredients of Sections 354 and 509 RPC," the court observed.
The CJM said that court has only to see a ground whether offences alleged against accused are presumably prima facie disclosed or not while framing charge and whether accused can be put to trial for the offence or not.
"Even for presumption of commission of offences, it is sufficient ground for framing charge and putting the accused to trial," the CJM said.
"The court cannot conduct mini trial and cannot presume the end of trial at the stage of framing charge.
Prima facie there is sufficient material to presume that accused has committed offence u/sections 354, 509 RPC," the CJM said.
Khan was booked by police on February 6 last year after the lady doctor lodged a complaint with Police Station Shaheed Gunj Srinagar, accusing Khan of sexually assaulting her in his office at Winter Secretariat here.
The court also disposed of the prayer by Khan, seeking gag on media from reporting the proceedings of the case.
"Positive reporting of any proceedings comes within the parameters of right to expression which is available to every citizen and is fundamental in nature.
Media both electronic and Print cannot be deprived off to air or print proceedings in a bonafide manner and no gag order can be passed to stop from publishing or reporting proceedings bonafidely as per the directions and guidelines of apex court and our own High Court," said CJM.
"It is however made clear that media both electronic and Print shall not highlight this case just for the sake of publicity and previous news items shall not be repeated while future reporting of the court proceeding and only positive and bonafide reporting of the proceedings shall be permissible under law and guidelines framed by apex Court and our own High Court."
Khan had claimed that while he resigned on his own from the cabinet to pave the way for fair investigation, media has started parallel media trial against him thereby damaging his status in the society.
"From the day in the present case, the print media has started parallel media trial against (me) thereby damaging (my) status in the society. Serious prejudice has been caused to (me) because of the publication of the proceedings of the case in the print media," he had said in the application.
"Further damages are being caused to (me) because the proceedings of the case are being highlighted in such a way and in different tune in the print media as (if he) has been convicted," he had added. |
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