Molestation case: SC directs trial court to proceed under law
Srinagar, Jan 29: The Supreme Court has directed the trial court here, hearing the case of alleged sexual assault on a lady doctor by Congress leader and former Health Minister Shabir Ahmad Khan in February last year, to proceed in accordance with law in the case.
The direction came after the apex court was apprised that that the charge sheet in the case has been filed against the accused-respondents.
“Taking into consideration that the investigation is complete and the charge sheet has been filed, we are not inclined to set aside the impugned order, whereby respondent No. 1 (Shabir Khan) has been extended the benefit of Section 497A of J&K CrPC,” a bench of Justice Dipak Misra and Justice Prafulla C Pant said in its order while disposing of an SLP by the complainant against an order of Jammu and Kashmir High Court granting bail to the accused last year.
The apex court however directed the trial court to proceed in the case in accordance with law.
On April 3 last year, officials of Shaheed Gunj Police Station had filed charge sheet against Khan before the Court of Chief Judicial Magistrate here in the case.
Khan was booked by police on February 6 last year after a lady doctor lodged a complaint with Police Station Shaheed Gunj accusing Khan of sexual assault in his office at Civil Secretariat here.
Khan was booked under sections 509 (word, gesture or act intended to insult the modesty of a woman) and 354 (assault or criminal force to woman with intent to outrage her modesty) of Ranbir Penal Code.
The High Court had granted Khan interim bail and directed the Investigating Officer to release the accused against personal and surety bonds, if he was arrested. The bail was made absolute later.
The FIR against former Health minister had revealed in detail the questionable approach of the accused towards the victim before she managed to escape from Khan’s office.
According to the FIR, Khan had insisted the doctor to meet him at his guest house and share her mobile number and take up “any of her problems” directly with him.
The doctor had described the minister’s action as that of a “sexual predator who wanted to bestow upon me special treatment with an intention to receive sexual favors.”
The FIR had revealed that the acts of the minister were sufficient to indicate that the favors which he made and wanted to bestow upon the complainant were made (with) intentions to receive sexual favors, and the incident has not only affected the person of the complainant but her soul too.
The FIR had revealed that the minister had directed the complainant to write down her mobile number on a piece of paper and note down his number while insisting that whenever she had any problem she should correspond directly with him and not discuss anything with Director Health Services Kashmir.
The FIR further revealed that the minister had assured her that whenever she would come to him he would solve all her problems, asking the doctor to keep in touch with him.