THE STATE OF MAHARASHTRA Vs. TAMANNA BABURAO KURBETTI

JUDGEMENT

(1.) The State has preferred this Appeal against the order of acquittal dated 25th June, 2001 recorded by the Learned Additional Sessions Judge, Gadhinglaj in Criminal Appeal No. 3 of 2000, whereby the order of conviction passed by the Judicial Magistrate First Class, Gadhinglaj in R.C.C. No. 17 of 1998 convicting the respondent of the offence punishable under Section 33(2) of the Maharashtra Medical Practisioners Act, 1961 was set aside.

(2.) Section 33(1) of the Maharashtra Medical Practisioners Act, prohibits practice in medicine by a person other than a Registered Medical Practitioner. Sub- Section 2 thereof, is a penal provision, which provides, any person who acts in contravention of any of the provisions of sub-section (1) of Section 3 shall on conviction, be punished for the first offence with a rigorous imprisonment which is not less than two years and for the subsequent offence for a term which may extend to 10 years with a fine.

(3.) Section 37 of the said Act reads as under :-