The admissibility of statements recorded by the Appropriate Authority and the distinction between investigation and collection of evidence under the PCPNDT Act.

Heard.

2) Rule. Rule made returnable forthwith with the consent of parties.

3) Petitioner herein questions the correctness and validity of the order dated 29/01/2013 passed by Additional Sessions Judge, Satara in Criminal Revision Application No. 15 of 2012.

4) Petitioner herein happens to be appropriate authority under the Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (Hereinafter referred as PCPNDT Act). Petitioner herein filed a complaint against present respondent i.e. Dr. R.Y. Kadam who runs Mukta Hospital at Satara Road Taluka Koregaon. It is alleged that appropriate authority had reliably learnt that Dr. R.Y. Kadam i.e. present respondent is conducting his profession in utter violation of provisions of PCPNDT Act, 1994. That he has indulged into the activities such as detection of sex of the foetus and disclosing the same to the pregnant women. That with the aid and assistance of Advocate Varsha Deshpande (Member of District Advisory Committee). Petitioner had decided to verify the genuineness of the information received by him. That one pregnant woman Smt. Tanubai Sambhaji Madane was contacted by Advocate Varsha Deshpande. She was posted as decoy witness.

5) On 20/01/2015 at about 3.30 p.m., Smt. Tanubai Madane had been to Mukta Hospital and informed the doctor that she wants to determine the sex of the foetus. That Tanubai was accompanied by Smt. Baidabai Madane and Smt. Maya Pawar as her relatives. She had been examined by the respondent herein i.e. Dr. R. Y. Kadam. After undergoing the sonography, she was informed that the foetus is of a female. It is alleged that Dr. kadam had demanded Rs. 2,000/- for sonography. The amount was paid. Dr. Kadam had not issued a receipt towards acceptance of professional fees. Soon thereafter at about 6.00 p.m. premises of Mukta Hospital were raided between 6.00 p.m. to 10.00 p.m. Statement of Tanubai was recorded. Similarly the statements of Smt. Baidabai Madane and Maya Pawar were also recorded. The appropriate authority had also recorded the statement of Dr. R.Y. kadam along with his O.P.D. attendant Sou. Sangita Raut. Complainant had given the list of witnesses which includes Advocate Varsha Deshpande.

6) The case was registered as R.C.C. No. 6 of 2005. On 24/01/2005, Judicial Magistrate First Class, Koregaon had issued process against accused under sections 5(2), 19(4) and section 29(1)(2) of PCPNDT Act.

7) Learned Magistrate had recorded evidence before charge. Complainant was examined as P.W. 1. He has deposed before the Court that he had the information that Dr. Kadam used to take sonography tests and thereafter disclose the sex of the foetus to the pregnant women. Before conducting the sting operation, affidavit of Tanubai was taken before Medical Superintendent of Rural Hospital with an undertaking that she would not abort her foetus even if it is of a female. That she has accepted 40 currency notes of Rs. 50/- denomination for paying the doctor. He deposed in accordance with the complaint. At the time of raid, sonography register and consent form was seized. Complainant had sealed the sonography machine forthwith. According to the complainant, register did not show the entry as far as Tanubai Madane was concerned. Complainant has further deposed before the Court that he had recorded the statements of Tanubai Madane. It was noticed that there was no receipt book regarding receipt of amount given by the patient for sonography. P.W. 1 had recorded the statements of persons concerned in accordance with law. It appears from the deposition of P.W. 1 that Tanubai Madane was accompanied by Advocate M/s Varsha Deshpande when she had been to the hospital for the purpose of terminating her pregnancy and even thereafter.

8) According to P.W. 1 accused had disclosed to P.W. 1 that he had come from Satara at 4.00/4.30 p.m. P. W. 1 has stated before the Court that Advocate Varsha Deshpande and her colleague and relatives had come and accused