STATE OF KERALA Vs. C K BHARATHAN

JUDGEMENT

(1.) A Medical Practitioner holding M.B.B.S. degree falsely publicised that he has two more degrees M.R.C.P. and D.T.M. & H. This is the main allegation against the accused who faced a charge for the offence of cheating under the Indian Penal Code. The trial magistrate acquitted the accused mainly on the ground that the prosecution has failed to prove that he does not have those two degrees.

(2.) Prosecution allegations can be summarised thus: Accused was running a Nursing Home at Chennamangalam by name Krishna Nursing Home. He exhibited a name board in which his name and degrees were shown as "Dr. C. K. Bharathan, M.B.B.S; M.R.C.P; D.T.M. & H". He was holding out that he has those degrees by showing such credentials in the prescription slips issued to his patients. The Circle Inspector, who received a complaint from PW.2 (who was a partner or associate of the accused in running the Nursing Home for a while), conducted a search of his house as well as the Nursing Home and seized the records and the name board displayed on the front portion of the Nursing Home. He interrogated a number of persons including the accused and then it was revealed that the accused does not have the degrees M.R.C.P. and D.T.M. & H. The accused did not produce any such degree either before the Investigating Officer or in the Trial Court. Learned magistrate found that the prosecution has not discharged its burden properly in this case. He observed that the investigators have not made any efforts to seek the help of Interpole or British Police. The following findings have been made by the learned magistrate: "From the evidence adduced before court, I am satisfied that the prosecution has miserably failed to prove beyond shadow of doubt that the accused was not holding any of the higher degrees allegedly possessed by him. There is absolutely no evidence to show that the accused cheated anybody by personation or cheated any person as alleged against him".

(3.) Five persons who were treated by the accused deposed in the Trial Court that the accused had a good name as a Doctor, but they were not aware of his academic qualifications. None of them had any grievance regarding the course of treatment prescribed by the accused. All those five persons were declared hostile by the prosecution. However, one of them (PW.11) admitted that Ext. P4 prescription slip was issued to him by the accused. Ext. P4 contains the letters denoting his credentials as M.B.B.S; M R.C.P; D.T.M. & H. M.O. 1 is the name board exhibited in front of Krishna Nursing Home in which the accused served as a Medical Practitioner. The degrees M.R.C.P. and D.T.M. & H are inscribed in M.O. 1 next to the name of the accused besides his M.B.B.S. degree. Ext. P11 is the copy of the letter seized by the police from the house of the accused which is said to have been written by the accused himself. The signature in Ext. P11 is that of the accused. There is not much of dispute about the authorship of Ext. P11. That document also shows that the accused used the degrees M.R.C.P. and D.T.M. & H along with his name to hold out that those degrees have been acquired by him. Thus, there can be no speck of doubt that the accused made it known to all concerned that he has those academic credentials. PW. 13 investigating officer has deposed in clear terms that the accused does not possess those degrees, except M.B.B.S.