MOHAMMAD SHARIF Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'the accused') assails the judgement of the learned Additional Sessions Judge, Rourkela, passed in Criminal Appeal No. 94/3 of 1989/90 whereby he confirmed the conviction recorded against him by the learned Assistant Sessions Judge, Rourkela.

(2.) The prosecution case brought out during trial was that the accused had an intrigue with Sabina Khatun (P.W. 10) as a consequence the latter became pregnant. On 15-7-88 he without the knowledge of her parents brought Sabina to a nursing home at Rourkela and disclosing his identity to the doctor, P.W. 1 as her husband, got her pregnancy terminated. The parents of Sabina Khatun on coming to know of this came to the nursing home and ascertained the truth on a report being lodged at the police station, a case was registered and after usual investigation, charge-sheet was laid against the accused to face trial under Sections 366 and 312, I.P.C.

(3.) The accused refused the indictment.