AMRUTABEN DESHAJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the same incident and involve common questions of law and facts and hence, they are being decided by this common judgment.

(2.) Criminal Appeal No.1085 of 2005 is preferred by appellant Amrutaben Deshajibhai Parmar original accused against the judgment and order dated 7.5.2005 passed by learned Additional Sessions Judge and 6th Fast Track Court, Rajkot in Special ACB Sessions Case No.14 of 2000 whereby original accused appellant herein was convicted for the offence under section 7 of the Prevention of Corruption Act and sentenced her to undergo simple imprisonment for six months and to pay fine of Rs.500/-, in default, to undergo further simple imprisonment for one month and also convicted her for the offence under section 13(1)(d) read with section 13(2) of the said Act and sentenced herto undergo simple imprisonment for one year and to pay fine of Rs.1000/-, in default, to undergo further simple imprisonment for two months. Whereas, Criminal Appeal No.2341 of 2005 has been preferred by the appellant State of Gujarat for enhancement of the sentence awarded to the original accused herein.

(3.) The short facts giving rise to the present appeal are that alleged incident has taken place on 14.3.2000 in the compound of Zanana Hospital, Rajkot. It is alleged that at the relevant time, the original accused was serving as Female Health Supervisor, Primary Health Center, Khoda Pipar, District Rajkot and complainant Chandulal Rughnathbhai Trivedi was serving as Multipurpose Health Worker at Mavadi Primary Health Center. It is alleged that the complainant has given the application for voluntary retirement on 12.11.1999 to the District Malaria Officer, District Panchayat, Rajkot which came to be granted vide order dated 1.2.2000 and the complainant was ordered to be retired with effect from 31.3.2000. It is alleged that the Chief District Health Officer, District Panchayat, Rajkot issued the show cause notice dated 8.3.2000 to the complainant for negligence and misconduct which was received by him on 10.3.2000. It is alleged that the complainant had dispute with Dr.G.P.Savaliya, Ayurvedic Medical Officer as Dr.Savaliya misbehaved and beaten the complainant and hence the complaint was filed by the complainant against Dr.Savaliya.