DIPAKBHAI JAYATILAL RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Sole accused of Sessions Case no.146 of 2002, decided by the Joint District Judge and Additional Sessions Judge, Fast Track Court, Bharuch on 31/5/2004 is the appellant, found guilty for the offence under Sec. 312 of the Indian Penal Code, 1860 ( IPC ) who was granted benefit of probation under Sec. 360 of the Code of Criminal Procedure, 1973 ( Cr.P.C .) and Sec. 4 of the Probation of Offenders Act, 1958.

(2.) The trial against the accused was under Ss. 312 , 314 and 304A of the IPC. The Trial Court acquitted the accused for the charge under Ss. 314 and 304A of the IPC finding him guilty under Sec. 312 of the IPC. Sec. 312 of IPC is reproduced hereinbelow to read along with the punitive provision.

(3.) The FIR being CR no.I-12 of 2000 was filed at Jambusar Police Station under Ss. 312 , 314 and 304A of the IPC by the Police Head Constable - Hafizkhan Ismailkhan on 7/3/2000. The deceased - Rukhsana had come for termination of pregnancy, which led to complications and she breathed last in the hospital at Vadodara on 11/1/2000.