JUDGMENT

Hon'ble R.C. Khulbe, J.

This criminal appeal has been filed under Section 374 against the judgment and order dated 13.02.2004 passed by the learned Additional Sessions Jude/Fast Track Court, Tehri Garhwal in Session Trial No.1 of 2003, State Vs. Pratap Singh & Ors., whereby the appellant was convicted under Section 315 IPC and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.10,000/- (Rupees Ten Thousand Only).

2. Prosecution story, in brief, is that accused Pratap Singh, who is son of Madan Singh, brother of the complainant and cousin of Km. Surti, minor daughter of the complainant aged about 17 years, made illicit relations with her by enticing and influencing her, due to which she became pregnant. On 04.02.2001, Km. Surti had gone to attend marriage of her aunt's (mausi) daughter in village Nada Patti Lostu, she delivered a dead son. On this the brother-in-law of the complainant Prem Singh Negi came to the village of the complainant. On this information, the complainant went to village Nada and returned in the evening of 05.02.2001 to his village along with Km. Surti and her dead son. When he enquired from Km. Surti about the dead son in presence of the Gaon Pradhan and other Panchas, she told that the child was born out of her illegal relations with Pratap Singh. On this, Gaon Pradhan and other Panchas called Pratap Singh on 05.02.2001 and enquired from Km. Surti in the presence of Pratap Singh, she told before them that Pratap Singh had forcibly made illegal relations with her by alluring her, as a result of which, she became pregnant. Immediately thereafter, Pratap Singh ran away and went to his house. Thereafter, Village Pradhan and all other persons present there, went to Pratap Singh's house along with Km. Surti and dead child, but he did not accept this. On this Village Pradhan and other Panchas suggested that medical examination be done on 06.02.2001 at Kirtinagar, to which the accused agreed. At that time, accused and his other family members hurled filthy abuses and gave beatings and the accused fled away from his house.

3. PW4 Dr. Bhawani Pal conducted medical examination of Km. Surti on 20.02.2001 at 2:30 p.m., and prepared report Ex.Ka.2. On general examination, the doctor found Km. Surti a young girl and fully conscious. On query, she informed that her menstrual cycle was off for the last eight months and on 04.02.2001 she gave birth to a dead girl. After examination of her body, the doctor found liner signs (pregnancy stretch mark) all over lower side of her abdomen. Her breasts were fully developed and milk was coming. On her internal examination, second degree genital tear present and foul smell bleeding was coming. The mouth of the uterus was open, swelled and of full size. There was infection in the uterus. As per the opinion of the doctor, she delivered a baby about 15 days back and it was full time pregnancy.

4. PW5 Dr. G.S. Rawat conducted post mortem examination of a female baby on 19.02.2001. Following ante mortem injuries were in the body:

(1) Contusion 0.8 cm. X 0.5 cm. size was present on the tip of the nose.

(2) Contusion 1 cm. X 1 cm. size present on the inner aspect of the middle of upper lip.

(3) Post mortem injures were lacerated wound at the level of left groin 15 cm. X 10 cm. X abdominal cavity deep with the missing left lower extremity along with left half of pelvis & sacrum bone, lower part of vulva and vagina and perium below it and left side along with left part of soft tissues, nerve & vessel of sacrum and left side pelvis and organs in that cavity were absent. Uterus, skin of bladder, rectum and anal level as a whole were missing. There was no blood clot present; margins of the wound were irregular and pale, and not swollen. There were no sign of sprouting of blood and deep infiltration of blood in the wound area. There was no vital reaction present in the wound. Intestines were protruding out of the wound.

(4) Contused wound 5 cm.