FAIYAZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant being aggrieved impugns the Judgment and Order dated 15th June, 2006 passed by Addl. Sessions Judge, Gr. Bombay in Sessions Case No. 957 of 1993, convicting the appellant for offence punishable under section 376 of the Indian Penal Code and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs. 10,000/- in default to undergo S.I. for one year.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) P.W.1 Dr. Smt. Suchak is a gynecologist and has her dispensary at Nagpada. She is family doctor of accused No. 2 and she also practices in clinic of her brother-in-law. According to her, accused No. 2 had brought her maid servant to P.W. 1. She was a minor girl. She was found to be pregnant. In fact, she was brought by accused No. 2 to P.W. 1 for medical termination of pregnancy, but since the girl was in an advanced stage of pregnancy i.e. more than 3 months, P.W. 1 refused to abort foetus. The statement of P.W. 1 was recorded on 10/8/1992. The name of the girl as mentioned by accused No. 2 is as that of the victim in the present case. P.W. 1 has identified accused No. 2 as the person who had brought the victim to her for abortion.