VANDANA KUMARI AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 6th October, 2012 in Sessions Case No. 67/2011 arising out of FIR No. 283/10 u/s. 317/304/120B I.P.C. whereby the appellants were convicted under Section 304 Part I I.P.C. r/w Section 120 B IPC, u/s. 317 I.P.C. r/w Section 120B I.P.C. and 120B I.P.C. and order on sentence dated 24th November, 2012, whereby they were sentenced to undergo 7 years rigorous imprisonment and fine of Rs. 5000/- each, in default three months SI u/s. 304 Part I I.P.C. r/w Section 120B IPC, 5 years RI u/s. 317 I.P.C. r/w 120B I.P.C. and 7 years RI and fine of Rs. 5,000/- each u/s. 120B I.P.C. in default three months SI, the present appeal has been preferred. At the outset, learned counsel for the appellant submitted that he does not contest the conviction of the appellants on merits, however, appellants are in jail for more than 4 years. As such, they be released on the period already undergone.

(2.) The prosecution case in brief is that on 20th September, 2010, an information was received at Police Station Aman Vihar regarding a new born baby lying abandoned at A-123, Balbir Vihar, Aman Vihar which was recorded vide DD No. 6A. The same was entrusted to ASI Nand Kishore, who along with Constable Om Prakash reached the spot and came to know that a new born baby has been removed to hospital by PCR. No eye-witness was found at the spot. ASI Nand Kishore along with Constable reached at SGM Hospital, Mangol Puri, Delhi and collected the MLC of the child. As such endorsement was made on DD No. 6A and the case was got registered. After the registration of the case, the baby expired in the hospital on the same date. As per the allegations, accused Prem Lata, Vandana and Rahul hatched a criminal conspiracy as a result of which on 20th September, 2011 Prem Lata gave birth to a female child and the said female child was thrown in a vacant plot by accused Rahul and Vandana. During the course of investigation all the three accused were arrested and charge sheet was submitted against them. Charge u/s. 120B IPC, S. 304 r/w S. 120B I.P.C. and S. 317 r/w Section 120B I.P.C. was framed against them to which they pleaded not guilty and claimed trial.

(3.) During the course of trial, accused Prem Lata was declared a juvenile and she was sent to face trial before learned Juvenile Justice Board.