The court of additional sessions judge Ranjit Kumar Jain acquitted a convict held guilty for forging medical qualifications in a fake doctor practitioner case in 2015.
The court acquitted the accused while accepting a criminal appeal filed by the counsel of the accused against the judgment of conviction.
He, was, however, asked to pay a bail bond of Rs 10,000.
Raj Kumar Sood, resident of Sector 56, Chandigarh, had been convicted and sentenced under Section 15 (of Indian Medicine Central Council Act, 1956; under Section 17 of the Indian Medicine Central Council Act, 1970 and under Section 15 of the Homeopathy Central Council Act, 1973, to rigorous imprisonment for one year each. All the sentences were ordered to run concurrently.
PREVIOUS JUDGMENT CHALLENGED
The judgment was challenged on the grounds that the same “was against facts law and was erroneous and that the learned trial court had erred in law in convicting the appellant on discrepant, unreliable, untrustworthy evidence of prosecution.”
It also emerged that wrong procedure had been followed in registering FIR in the case involving cognisable offence.
The appeal had also stated that the “court had not taken into consideration the glaring contradictions and discrepancies in the prosecution evidence, which were fatal for the prosecution case.”
This was based on a complaint by Dr Rajeshwar Singh Rana, wherein he had stated that on September 15, 2009, he accompanied Dr Rajeev Kapila and checked the private clincic namely Raj Clinic in shop no 5725, Sector 56, Chandigarh. The signboard of the clinic read as Raj Clinic and the doctor’s name was displayed as Dr RK Sood.
It was found that he was practising in allopathic medicine, ayurvedic Edison and homeopathic medicine in the clinic.
It was alleged that when he was asked to show his degree/ registration which allowed him to practice in any system of medicine, the accused had shown a photocopy of registration certificate of ayurvedic Avam Unani Chikitsa Parishad, Bihar.
The education qualification as Vaid Visharad 1984 from Hindi Sahitya Sammelan Prayad, according to CCIM Act of 1970 Vaid Vishrad of Hindi Sahitya Sammelan prayag was valid from 1931 to 1967.
This is when it was alleged that Sood was practising as bogus medical practitioner and was posing danger by checking the public and making money. On the basis of the complaint, an FIR was registered and the accused was arrested under Section 161 of CrPc and the challan was presented post the investigation.
Charges were framed under Section 419 IP (punishment for cheating by personation), Section 17 of Indian Medicine Central Council Act and Section 15 of Homeopathy Central Council Act, 1973.
THE NEW JUDGMENT
The court in its final observations stated that “wrong procedure had been adopted by the local police in registering the case in non-cognisable offence.” It was said that instead of getting FIR registered, it was required to file complaint before the competent court of jurisdiction. Counsel of the accused, Harish Bhardwaaj, said, “In similar cases in the past three months, involving accused Naresh, Swapan and Rajinder were acquitted.”