On the basis of a police report, the respondent was prosecuted on the allegation of having committed an offence punishable under section 33 of the Maharashtra Medical Practitioners Act, 1961 (for short 'MMP Act') and section 417 of the Indian Penal Code read with section 511 thereof. The Judicial Magistrate First Class, Dapoli, after holding a trial, by a judgment and order dated 11th May 1993, acquitted the respondent of the said offences. The State of Maharashtra is aggrieved by the said order of acquittal and has therefore, after obtaining leave of this Court, filed the present appeal, challenging the correctness of the judgment of acquittal delivered by the learned Magistrate.

2. For the sake of convenience and clarity, the respondent is hereinafter referred to as 'the accused'. (except in the operative part of the order)

3. I have heard Mr. C. K. Pendse, learned counsel for the appellant. I have heard Mrs. S. Gajare-Dhumal, learned APP for the State. With the assistance of the learned counsel, I have gone through the record of the case. I have carefully gone through the evidence adduced during the trial and the impugned judgment.

4. The prosecution case, as put forth, b