JUDGMENT - B.H. MARLAPALLE, J.:---This is an appeal against the order of acquittal passed by the learned Special Judge, in Special Case No. 37/82, wherein, the accused was charged with an offence punishable under section 161 of the I.P.C. and under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act for short).

2. The prosecution case unfolds thus :---

The accused Dr. Rustom Franroze Hakim, was a registered medical practitioner with his dispensary at Lemington Road, Bombay-7 and he was a panel doctor under the Employees State Insurance Scheme (E.S.I. Scheme for short). He was an Insurance Medical Officer as defined under Rule 2(n) of the Employees State Insurance (General) Regulations, 1950. The complainant Shashikant was an insured person covered under the E.S.I. Scheme and he had registered his card with the accused. The complainant was entitled to free medical treatment and for the reimbursement of medical benefits. It was alleged that on 27-2-82 the complainant went to the dispensary of the accused as he was not feeling well, the accused examined him and gave an injection and charged Rs. 8/- for his treatment. The

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