RAJESH BHARDWAJ Vs. STATE

JUDGEMENT

(1.) THIS is an application filed by the appellant under Section 389 of the code of Criminal Procedure, seeking suspension of his substantive sentence during the pendency of the appeal in this Court.

(2.) THE appellant was convicted for the offence under Sections 313/34 ipc by the Addl. Sessions Judge, Delhi and sentenced to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of one year by judgment dated 28th August, 2006 and order on sentence dated 5th September, 2006.

(3.) SHORN of detail, the prosecution case is that the appellant, who is the husband of the complainant/poonam along with his mother, co-accused smt. Naraini Devi was instrumental in causing the miscarriage of the complainant/poonam. As per the allegations of the complainant, a tablet was administered to her by her husband on 5th December, 2002, and again on 7th December, 2002 her mother-in-law administered a second tablet to her, ostensibly on the ground that the same would prove beneficial to the health of the child in her womb, but as a result of consuming the aforesaid tablets, she started bleeding on 8th December, 2002 and was taken to a hospital by the name of "pariwar Sewa Sansthan", Arjun Nagar, where her pregnancy was terminated against her will, after getting a printed proforma signed from her.