TAPAN KUMAR SAHOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated August 24, 2009 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Tamluk, Purba Medinipur in Sessions Case No. 01(07) 05, and Sessions Trial No. 21(1) 04 convicting the appellant for commission of offence punishable under Section 314 of Indian Penal Code sentencing him to suffer Simple Imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- in default to undergo S.I. for six months.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 16.07.1994 at 10.30 AM victim Shibani Ghorai who was four months' pregnant had been admitted to Life Nursing Home for abortion. P.W.1, the husband of the victim, had admitted the victim in the nursing home under the appellant, the owner of the nursing home. Abortion of the victim was not conducted on 17.07.1994 and on 18.07.1994.

(3.) Finally on 19.07.1994 at 7.00 AM he found that the victim had been operated by the appellant and the condition of the victim was serious. Blood was coming out from her vagina. Appellant asked for money for ongoing treatment. In the meantime condition of the victim became serious and the appellant advised P.W. I to take the victim to another hospital. Thereafter, the appellant took the victim to Tamluk S.D. Hospital.