LAWS(BOM)-1990-4-49

STATE OF MAHARASHTRA Vs. PAULIN P PICARDO

Decided On April 20, 1990
STATE OF MAHARASHTRA Appellant
V/S
PAULIN P PICARDO Respondents

JUDGEMENT

(1.) THE State has come in appeal to challenge the order of acquittal of the present respondent in Appeal No. 371 of 1980 on the file of learned Additional Sessions Judge, Bombay.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under. The present respondents was prosecuted on the allegation that from 8-8-1977 to 2-11-1977 in the Central Poly-clinic opposite Central Cinema, Girgaum, Bombay, She had added to her name the title "dr. " without having the degree, diploma, licence or certificate or any other like award and she was practicing as a Physio-Therapist and also in naturecure and thereby she had committed offence punishable under section 36 of the Maharashtra Medical Practitioners Act, 1961. On the strength of the evidence produced before the learned Metropolitan Magistrate, 18th Court, Girgaum, Bombay, he convicted the present respondents of the said offence under section 36 (2) of the Maharashtra Medical Practitioners Act, 1961 and sentenced her to pay a fine of Rs. 201/- in default S. I. for one month. It appears that two such criminal cases bearing C. C. No. 2274/p of 1977 and 2340/p of 1978 were lodged against the respondent, and she was convicted in both the cases and was also sentenced in both the cases as stated above. Being aggrieved by the said order of conviction and sentence the present respondent preferred a criminal appeal against the said order of conviction and sentence being Criminal Appeal No. 371 of 1980 in the Court of Sessions at Bombay and the learned Additional Sessions Judge, Bombay reversing the order of conviction and sentence acquitted the respondent in both the cases. Being aggrieved by the said order of acquittal, the State has come in appeal.

(3.) SECTION 36 of the Maharashtra Medical Practitioners Act, 1961 so far as it is relevant for the purpose of this case runs as under.