STATE OF GUJARAT Vs. RAJENDRASINGH

JUDGEMENT

(1.) THIS application has been preferred by the applicant - State of Gujarat seeking leave to appeal against the judgment and order 21.04.2007, passed by the learned Chief Judicial Magistrate, Nadiad, in Criminal Case No.5202 of 2002, whereby the respondents - original accused have been acquitted of the charges levelled against them for the offences punishable under Sections 465, 419 and 114 of the Indian Penal Code and under Section 19 of the Transplantation of Human Organs Act, 1994.

(2.) THE case of the prosecution, in brief, is that one N. Bhaskaran, General Manager (Administration), Muljibhai Patel Urological Centre, Nadiad, filed a complaint dated 23.06.2002, which was registered as II -C.R. No.118 of 2002 with the Nadiad Town Police Station, to the effect that the Hospital where he is working, specialises in treatment of kidney diseases and in performing kidney transplant operations, where several patients come for treatment. Kidney transplant operations can be performed by donation of a kidney by a relative of the patient, which would constitute the 'relatable' category but if a kidney of a close relative is not available, then a stranger can donate a kidney which is known as the 'non - relatable' category. For both the categories, permission from the Department of Health, Government of Gujarat is necessary. After carrying out the necessary laboratory tests upon the donor and recipient, kidney transplant operations are performed on the patient. The complainant goes on to state that a patient by the name of Virajbhai Ramnikbhai Velani was admitted in the Hospital for a kidney transplant operation, which was performed. He had first contacted the Social Department of the Hospital, which fixed the date for the operation. The donor of the kidney to Virajbhai was Kavitaben Shah (respondent No.5), who was stated to be his sister. After performing the Tissue Typing Tests and other necessary procedure, it was found that both the kidneys matched and the kidney transplant could be performed. The necessary permission by the Health Department of the Government of Gujarat was granted and a kidney transplant operation was performed on Virajbhai Ramnikbhai Velani. During the period that Virajbhai Ramnikbhai Velani was admitted in the Hospital, one Doctor Shishir Gang, while going on his rounds in the Hospital, suspected that Kavitaben Shah was not the real sister of Virajbhai Ramnikbhai Velani, as nobody used to sit near her or attend to her.

(3.) AFTER appreciating the oral and documentary evidence on record, the Trial Court acquitted the respondents of the charges against them.