A court here on Monday sentenced a chemist to 18 months jail for outraging modesty of a woman after luring her with a job promise.
Judicial magistrate, 1st class, Sumbal, Zahoor Ahmad Ganie passed the judgment in the case dated seven years ago, against the convict Nasir Ahmad Ganaie.
In her deposition on 19 May 2015, the victim had stated that the convict who was running two clinics, at Naidkhai and Gohall Tangpora, tempted her parents to provide her employment on a monthly salary of Rs 3,000.
The girl had deposed that the convict took her inside the shop and then called her to a room.
The convict, according to her deposition, caught the victim in the bed and outraged her modesty following which she raised noise and fled from there.
The victim then lodged a complaint with police station Sumbal. The parents had also deposed before the court on 13 August 2015.
"The girl though had initially pardoned the act but after being intimidated by the convict, the formal complaint was launched the next day", the 15-page order reads.
During the cross-examination, the girl had said that the incident occurred at 9 am when the surrounding shops were closed.
"On consideration of the depositions made by the prosecution witnesses, the prosecution has clearly presented, established and proved the facts and circumstances which constitute the genesis and modus operandi by the accused to accomplish his ill design," the court said.
"The accused, who is in a commanding position owning to his relatively strong economic status as compared to the complainant family, took undue advantage prevailed upon and lured the family offering employment to her daughter", the court said.
The defendant's argument that the family-owned him money and were intimidating him, were proven "vague, irrelevant and dismissible," said the court.
It said "there appears to be the absence of motive on part of the complainant family to frame the accused."
The court said the victim was of tender age, having three sisters and asking why "they would invite inevitable social stigma associated deeply rooted in our society when the commission of sexual acts are brought in the public domain."
The convict had been running the clinics and medical shop without any license and proper qualification, the court said.
"The convict in the case has provided nothing in the record that he was running clinics under proper authorization/license from drug control department or he holds relevant qualification to run the clinic or medical shop," the court said.
It said that in view of the nature of offences committed and the circumstances peculiar to the case under which the offence was committed and the "fiduciary relationship developed and violated by the accused", the case calls for exemplary and deterrent punishment.
"Thus for the commission of an offence punishable under section 509 RPC, the accused person is sentenced to and shall undergo simple imprisonment of 18 months," the court said.
However, amid the COVID19 pandemic, "the execution of sentence is suspended till the expiry of appeal period prescribed against the judgment." the court said.