DHULI BAI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant is challenging her conviction under Section 315 of the IPC ordered by IInd, Additional Sessions Judge, Shajapur in S.T. No.160 of 1996 whereby she was sentenced to undergo three years' RI and to pay fine fine of Rs.200/- with default stipulation.

(2.) Facts leading to present appeal are as under. On 14.11.1995 Siddhnath Patidar, village Patel of Matana gave information on telephone to Police Station Moman-Barodiya that a newly born child was abandoned in the agriculture field of Durgashankar.

(3.) On the basis of said information FIR (EX.P.6) was registered. Police came to the village and recovered the newly born child vide Ex.P.7. It was suspected that appellant conceived and delivered a child, therefore, she was arrested and subjected to medical examination, which was conducted Dr.(Smt.) Uma Parmar (PW.3). The doctor opined that appellant had delivered a child within 24 hours of the examination. The child was examined by Dr. A.K. Parmar (PW.4), who found that newly born baby was hale and hearty female child born within 24 hours. The report of Dr. A.K. Parmar is Ex.P.3.