PUSHPA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER /complainant has filed this revision against the order dated 28.9.2001, passed by Special Judge (SC/ST Act), Narsinghpur, in Sessions Trial No. 124/2000, acquitting the respondents No. 2, 3 and 4 of the offence under section 316 of IPC.

(2.) THE prosecution case is that complainant Pushpabai was married to one Padam Singh of village Deonagar. That marriage got broken. Thereafter, she was residing at her parents house in village Bedu. Accused roshan, who was resident of the same village, assuring her that he would marry her, established carnal relations with her, as a result of which, she conceived. Roshan wanted to get her pregnancy terminated, but she declined. Though, he had assured her to marry, but he refused. On 19.2.2000, complainant alongwith her mother went to the house of Roshan and narrated whole episode to the mother of accused Roshan. Mother of Roshan agreed to keep Pushpabai at her house. When mother of Pushpabai went back, after about an hour Chhoti Bai kicked the complainant in her abdomen and asked her as to why she had come there. It is also said that accused Chhote @ Shiv Kumar and Roshan also man handled her. Roshan also compelled her to swallow some medicine. Some how she managed to escape and ran towards her house. She felt severe pain in her abdomen and after reaching home she got unconscious. When she regained consciousness, her mother informed her that she gave birth to a male child. When complainant and her mother were going to District Hospital, on way, child died. The report of the said incident was lodged at Police Station Narsinghpur whereupon, a murg was registered and after enquiry, Crime No. 25/2000 was registered under section 316 IPC.

(3.) ON charge being framed, accused abjured guilt and pleaded false implication.