IMTIAZ ISMAIL SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is the original accused. By judgement and order dated 16. 1. 1995, learned Additional Sessions Judge, Navsari convicted the appellant for offence punishable under Section 312 of the Indian Penal Code. He was sentenced to three years of rigorous imprisonment and also directed to pay fine of Rs. 500/-

(2.) AS per the charge exh. 1, it was alleged against the appellant that the appellant runs a dispensary at village Kimjar, Vaghbari. On 30. 3. 1988, at his dispensary, he had carried out abortion of fetus of two months of one Savitaben, daughter of Chanabhai aged about 20 years without consent and had thereby committed offences punishable under Sections 312 and 313 of the Indian Penal Code.

(3.) SAVITABEN Chanabhai-PW3 was examined at exh. 10. She stated that one Suresh who was residing in her village had promised to marry her. They had physical relations resulting into the deponent getting pregnant. After about two months, she informed her maternal uncle and aunt. They had taken her to Vaghbari where the accused whom the witness identified before the Court had given an injection. She was made to lie down and a stick was inserted (in her private part) for about one hour. She had pain in the abdomen. After about six days she had to be taken to a Government hospital. She stayed there for two days. She was shifted to Chikkli where also she was treated. The insertion of the stick was against her wish. In the cross examination, however, she stated that Suresh after having promised to get married had disappeared and she was two months pregnant. She therefore, got worried and decided to abortion. She had therefore, told her aunt to take hr to the Doctor. She specifically stated that she had consented to such abortion. She stated that fetus was of two months at that time.