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Supreme Court of India 2019-02-06 allowed

Dharmendra & Anr vs State of Maharashtra

Bench: 2 — R. Subhash Reddy

In Brief

The appellants were convicted under the Maharashtra Medical Practitioners Act, 1961, for practicing medicine without valid qualifications. On appeal, the Supreme Court found the conviction unsafe. The prosecution's case primarily rested on a pointer witness (a passerby picked up by police) who admitted having no injury yet claimed treatment was given. Key documentary evidence lacked proper proof. Multiple prosecution witnesses were connected to the landlord with whom the appellants had a tenancy dispute, suggesting bias. Given material contradictions, lack of credible evidence, and failure to prove guilt beyond reasonable doubt, the Court set aside the conviction and allowed the appeal, discharging the appellants."

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