USHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order passed by the learned Special Judge (A.C.). Aurangabad in Special Case No. 20 of 1997, thereby convicting the appellant for the offence punishable under Section 13(1) (d) r.w. 13(2) of the Prevention of Corruption Act and sentenced her to suffer S.I. for one year and pay fine of Rs.3000/-. The appellant is also convicted for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced her to suffer S.I. for six months and to pay fine of Rs.200/- in default S.I. for two months. The trial court has ordered that the substantive sentence shall run concurrently.

(2.) The prosecution case, in nutshell, is as under:- The appellant accused Dr. Smt. Usha Sarwade on 6.2.1996 was working as "Casualty Medical Officer" in Government Medical College and Hospital Aurangabad and so she was a public servant. The complainant Deelip Shelar, r/o Witkheda alongwith his parents on 3.2.1996 was assaulted by one Parbhat Dapke and his children. After assault, he lodged a complaint in Deogaon Rangari police station. The police referred him and his father to the Medical Officer for treatment in Government College and Hospital Aurangabad and for injury certificate. He, as well as his father were admitted in the said Hospital commonly known as "Ghati Hospital", Aurangabad. The accused being C.M.O. was dealing with the case of the complainant and his father. The complainant had requested her to keep his father for two days more in Ghati Hospital Aurangabad but his request has not considered by the appellant-accused and his father was discharged from the hospital.

(3.) During the course of investigation the prosecution has collected certain material. Mr. Kulkarni has drawn panchnama in the office of A.C.B. He also searched the house of the accused and prepared search panchnama. Shri Kulkarni recorded the statements of various witnesses. On 9.2.1996, he arrested the accused. He also collected the copy of appointment order of the accused. Similarly, the copy of transfer and posting on the accused as C.M.O. On 7.3.1996 he submitted the report to the Government through his superiors Officer for launching the prosecution against the accused.