STATE OF MAHARASHTRA Vs. KHEMIBAI RAMU RATHOD

JUDGEMENT

(1.) The State is impugning a judgment dated 18.07.2002 passed by the II Ad-hoc Additional Sessions Judge, Thane, acquitting four accused of offence under Sec. 316 read with Sec. 34 of IPC.

(2.) It is the case of the prosecution that the complainant one Kavita Mansing Chavan was at home on 07.04.2001. At about 4.00 p.m. somebody pelted stones at her house and she came out of the house and started hurling abuse at unknown stone pelters. The accused nos.1 to 4 assumed that the complainant was hurling abuse at their children, went to the complainant and started kicking her and punching her. At that time, the complainant was about 7 months pregnant. While this physical assault was happening, complainant's neighbours, one Gujibai, Sushilabai and Shantabai arrived at the spot and rescued the complainant. The complainant, it seems, started experiencing pain in her abdomen. There are lot of contradictions thereafter as to what happened because the complainant at one point stated she went to the police station on the same day, i.e., 7.4.2001, lodged the complaint and came back, whereas in another place it appears the complaint was lodged on 10.04.2001. Again there is a confusion as to whether the complainant went to the police station and lodged the complaint or the police went to the hospital where she was admitted on 10.04.2001 and noted the FIR. The FIR is dated 11.04.2001.

(3.) It is the case of the prosecution that the neighbour Gujibai admitted the complainant in Civil Hospital, Thane on 11.04.2001 and the complainant delivered a dead child because of the abortion. On receipt of information, police went to the complainant in the hospital and recorded FIR based on which registered offence punishable under Sec. 316 read with Sec. 34 of the Penal Code against the four accused. Sec. 316 of the Penal Code reads as under :