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2018 Supreme(P&H) 4307
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Manjari Nehru Kaul, J.
Rohit Saini - Appellant
Versus
State Of Haryana - Respondent
CRA-S No. 1723-SB of 2004
Decided On : 19-11-2018
Rahul Vats, Advocate, for the Appellant; Ayuwan Singh, AAG, Haryana, for the Respondent
The prosecution must provide clear and reliable evidence to establish guilt beyond a reasonable doubt.
Headnote:
Section 313 - Indian Penal Code - [IPC 313] - The court discussed the lack of reliable medical evidence, inordinate delay in lodging the FIR, and discrepancies in witness statements. The court highlighted the importance of medical evidence, the duty of the investigating agency to obtain medico-legal reports, and the need for expert opinions in cases of forced abortion. The court emphasized the need for clear evidence to attribute motive and the benefit of doubt to the accused.
Fact of the Case:
The prosecutrix alleged forced abortion by the accused-appellant and his parents. The trial court found the accused guilty under Section 313 IPC based on the prosecutrix's statement and medical evidence.
Finding of the Court:
The court found the lack of reliable medical evidence, inordinate delay in lodging the FIR, and discrepancies in witness statements, leading to the acquittal of the accused-appellant.
Issues: Reliability of medical evidence, delay in lodging the FIR, discrepancies in witness statements
Ratio Decidendi: The prosecution failed to provide sufficient evidence to establish the guilt of the accused-appellant beyond a reasonable doubt.
Final Decision: The instant appeal is allowed, and the judgment and order convicting the appellant are set aside. The appellant is acquitted of all charges.
JUDGMENT
Manjari Nehru Kaul, J. - The instant appeal has been preferred against the judgment of conviction dated 20.08.2004 and order of sentence dated 23.08.2004 vide which the accused-appellant has been convicted under Section 313 of the Indian Penal Code (in short 'IPC') and sentenced to undergo rigorous imprisonment for a period of 04 years and to pay a fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for a further period of 03 months.
2. The prosecution case, in brief, as set up during trial is that PW-2 - Anita w/o accused-appellant Rohit was brought to Primary Health Centre, Shahbad on 07.05.2003 by her father Ran Singh - PW-5 with alleged history of assault and forced abortion. On receipt of medical rukka Ex.PA on 07.05.2003, when the police arrived at the said Primary Health Centre to record the statement of prosecutrix - Anita, she was declared unfit by PW-1 -Dr. Raman Deep Kaur vide endorsement Ex.PA/1. It was only on 09.05.2003 vide Ex.PA/3 PW-2 the prosecutrix was declared fit by the attending doctor PW-1 Dr. Raman Deep Kaur to make her statement after which her statement Ex.PB was recorded by PW-7 ASI Prabhu Ram wherein she alleged that she was about two months pregnant. Her husband i.e. accused-appellant Rohit wanted her to terminate the pregnancy as he was planning to go abroad and the pregnancy would thus have caused hindrance in his plan. She further alleged that on 04.05.2003 she developed tooth ache. On her asking, the accused-appellant gave her medicine for the same. After a couple of hours of taking the medicine, she started bleeding from the uterus. On questioning the husband about the medicine, she was slapped by him. She also alleged that the parents of her husband namely Amar Nath and Giano Devi (since acquitted by the trial Court) asked her husband to take the prosecutrix to Dr. Alka Grover (since acquitted by the trial Court) for getting her pregnancy terminated. Further, she alleged that on reaching Dr. Alka Grover's clinic she was forcibly made to lie down on the bed and administered an injection, which led to her becoming unconscious. When she regained consciousness, she was bleeding and her pregnancy had been aborted. As per the prosecutrix, after the alleged abortion she was taken back by her husband to her matrimonial home where the bleeding persisted. Finally she revealed everything to her father Ran Singh - PW-5 telephonically through her paternal uncle, who then took her to the Primary Health Centre, Shahbad on 07.05.2003 in a tractor trolly.
3. On the basis of the aforesaid statement Ex.PB dated 09.05.2003 the present case was registered. During investigation, Dr. Alka Grover was found innocent and thus, not challaned. However, the appellant and his parents Amar Nath and Giano Devi were arrested, challaned and prosecuted for offence under Sections 323, 313, 506 and 323/34 IPC respectively. During trial, the prosecutrix Anita appearing as PW-2 named Dr. Alka Grover in the commission of crime. Accordingly, Dr. Alka Grover was summoned under Section 319 Cr.PC for commission of offence punishable under Section 313 IPC. All the accused at the time of framing of aforementioned charges pleaded not guilty and claimed trial.
4. During the course of trial, prosecution examined PW-1- Dr. Raman Deep Kaur, PW-2 -prosecutrix Anita, PW-3- SI Gulab Singh, PW-4 Head Constable Jagdish Chander, PW-5 Ran Singh, PW-6 Dhanno Devi and PW-7 ASI Prabhu Ram.
5. On conclusion of the prosecution evidence, statement of all the accused under Section 313 Cr.PC was recorded wherein they denied all the incriminating circumstances appearing against them in the prosecution evidence and pleaded innocence.
6. The defence also examined DW-1 Dr. Sunil Kumar Juneja, DW-2 Satinder Pal, Clerk, DW-3 Kanta Devi, DW-4 Satya Devi and DW-5 Balbir Singh.
7. Trial Court vide impugned judgment dated 20.08.2004 found Amarnath, Giano Devi and Dr. Alka Grover innocent and accordingly acquitted them of the offences charged with.
