Judgment

D.P. Wadhwa, J.—Appellant Surendra Chauhan (Chauhan) has been con­victed for an offence under Section 314/34 Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for seven years and a find of Rs. 10,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of two years. Chauhan and Dr. Ravindra Kumar Sharma (Sharma) were tried together. While Sharma was tried under Section 314 IPC Chauhan was tried under Section 314/34 IPC. Sharma had also been convicted under Section 314 IPC and similar­ly sentenced as Chauhan by the trial Court. Both filed appeal in the Madhya Pradesh High Court. Their conviction and sentence were upheld and their appeal dismissed by judgment dated January 7, 1998. Both sought leave to appeal from this Court under Article 136 of the Con­stitution against the judgment of the High Court Sharma was refused leave. Chauhan was granted leave and that is how the matter is now before us.

2. Alpana, a young girl of 24 years of age, was living with her mother Lalita Soni, a teacher, along with her younger sister 18 years of age. Alpana was not married. On March 23, 1993 Alpana told her mother that she was feeli