SHARDA SITARAM WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application by accused No. 1 - Sharda - is directed against an order of conviction and sentence passed by the learned Addl. Sessions Judge, Latur in Criminal Appeal No. 25 of 1983 decided on 21st March, 1984.

(2.) Originally, a charge sheet for offence under Section 317 read with Section 34 of the Indian Penal Code was filed against the petitioner - Sharda - and her mother Anusayabai in the the Court of the learned Judicial Magistrate, First Class, Ambajogai, and it was registered as Criminal Case No. 81 of 1981. The story of the prosecution was that Yeshwant (P. W. 1) was going to his village by name Takka from nearby village Belkund on 27-7-1981 and while he was so proceeding, be heard noise of weeping of a child from the land of one Durgappa Chavan, which is situated by the side of the road. Yeshwant then proceeded to that spot along with his friend Govind Gore and they found a newly born female child lying there surrounded by stones. They then removed the stones, took up the child and brought it to the polic patil of village Takka, whose name was Venkati Shinde (P. W. 8). The police patil and Yeshwant then Went to the police station, Bhada, where a report was lodged by the police patil. The female child was also taken into custody and an offence came; to be registered. It was the case of the prosecution that accused No. 1 delivered a female child in the Cottage Hospital at Latur on 24-7-1981 and after delivery, she took up the child with her to the village and abandoned the child by the road at that particular place. She was unmarried. After necessary investigation, a charge-sheet for offence under Section 317 read with Section 34 of the Indian Penal Code was filed in the lower Court against both the accused.

(3.) Both the accused pleaded not guilty to the charge under Section 317 read with Section 34 of the Indian Penal Code. Accused No. 1 even denied that she had delivered any child prior to the date of incident.