STATE OF GUJARAT Vs. BHARATKUMAR S AACHARYA

JUDGEMENT

(1.) THIS acquittal appeal under Section 378 of the Code of Criminal Procedure is preferred by the State of Gujarat to challenge the judgment and order rendered by the learned Presiding Officer, Special Court, Ahmedabad (Rural) in Special Case No. 5 of 1988, on 23rd March, 1994, acquitting the present respondents, who were accused before the learned Special Judge.

(2.) RESPONDENT No. 1 was original accused No. 1 and respondent No. 2 was original accused No. 2 before the trial Court and they are referred to as such in this judgment, for the sake of convenience.

(3.) ACCUSED No. 1 was working as Medical Officer in the Primary Health Centre at Zolapur, whereas accused No. 2 was working as Auxiliary Nurse-cum-Midwife around the time of the incident, i. e. , in the year 1985. It is the case of the prosecution that one Shushilaben, wife of complainant Kamleshbhai Parikh, was working as Auxiliary Nurse-cum-Midwife in the Primary Health Centre at Virochannagar. She had some problem as to salary and some allowances. Her husband Kamleshbhai was asked on 10. 3. 1985 around 10 - 11 A. M by accused No. 2 to sell certain medicines from the Government medicine stock. The complainant, therefore, asked if there would be any problem in doing so. Accused No. 2, therefore, told him that if he wants the problem regarding salary and allowances of his wife to be solved expeditiously, he must sell those medicines, which are worth Rs. 500/-, for the price of Rs. 200/- to Rs. 250/ -. It is the further case of the prosecution that on 23. 3. 1985, the complainant met accused No. 1 and told him that he had brought Rs. 100/- for the medicines. Accused No. 1 asked him to give that money to accused No. 2 and when he approached accused No. 2, she asked him to give it to accused No. 1. But, ultimately, on being told that he had talk with accused No. 1, accused No. 2 accepted the said amount of Rs. 100/ -.