P.K.Deb, J.

1. The sole appellant has been convicted under Sec. 376 read with Sec. 312 of the Indian Penal Code by the Ten Additional Sessions Judge. Munger, in Sessions Trial No. 621/86 and sentenced to three years rigorous imprisonment under Sec. 312 of the Indian Penal Code and seven years rigorous imprisonment under Sec. 376 of the Indian Penal Code.

2. PW 3 Jitan Yadav, a co-villager of the appellant lodged fardbeyan on 72-1985 at 6 p.m. at his house before the S.I. of Sono Police Station (PW 5) alleging therein that his daughter Vmani Devi (sin & deceased) aged about fifteen years was bleeding from her private part two days earlier and when her mother Chamia Devi (PW 2) enquired from her she was told that she was in the process of menses. On the previous day she was found bed-ridden having pain and then again enquiry was made by PW 2 from her daughter and then only she disclosed that she was having pregnancy of three months through accused-appellant Sakaldeo Sah and with a view to abortion the appellant is alleged to have put herbal root kept or inserted in her private part by one lady of village Terukha. After insertion of that herbal root the abortion took place in