GHASINATH BENTKAR @ SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal arises out of the conviction and sentence dated 21 -12 -1982 passed by Sri S.N. Das, Sessions Judge, Keonjhar convicting the Appellant under Section 313 of the Indian Penal Code in Sessions Trial No. 31 of 1982 and sentencing him to undergo R.I. for 7 years.

(2.) THE prosecution Case briefly stated is that the Appellant Ghasinath Bentkar @ Singh is the elder brother of one Dukhabandhu Susa Dei (P.W. 1) is aged about 17 to 19 years. In the year 1981, the parents of Susa Dei went to Dhenkanal and stayed there for about 3 months in the house of elder sister of P.W. 1. During the absence of her parents Susa Dei (P.W. 1) was staying at home at village Binida with her younger brother. It is alleged that Dukhabandhu had illicit sexual relationship with P.W. 1 during the absence of her parents and as a result of that, P.W. 1 became pregnant. After the parents of P.W. 1 returned home, the mother of P.W. 1 (P.W.3) marked the pregnancy of P.W. 1. P.W. 1 had also told Dukhabandhu about her pregnancy and sought advice as to what she had to do. Dukhabandhu told Susa (P.W. 1) to come to his house and he also assured that he would keep her. On 30 -12 -1981 at about 7 A.M. in the morning, P.W. 1 went to the house of accused Ghasinath. Dukhabandhu was also staying in the same house. P.W. 1 sat on the front verandah awaiting for Dukhabandhu. After some time the Appellant Ghasinath and his father Dwari came out from the house. Ghasinath (Appellant) asked P.W. 1 as to why she was sitting and P.W. 1 answered that she was awaiting for the person who committed wrong to her. At this the Appellant abused P.W. 1 by saying as to whether her father constructed the house and saying so, the Appellant dragged P.W. 1 from the verandah and threw her on the ground with force. P.W. 1 has also alleged that in spite of the rough conduct of the Appellant, she did not leave and hence further ill -treatment showered on her and ultimately P.W. 1 left for her house. P.W. 1 fell unconscious in front of her house. P.W. 1 has also alleged that on account of assault, she had abortion. P.W. 1 was medically examined in course of investigation and after she lodged F.I.R., she was also given medical treatment. After due investigation, charge -sheet was submitted against the Appellant Ghasinath and his father Dwari who stood their trial. Dwari Singh @ Bentkar was acquitted of the charge and the Appellant was convicted and sentenced as stated above.

(3.) THE trial Court gave the finding that Susa Dei (P.W. 1) had abortion and the abortion was caused on account of assault by the Appellant and hence the Appellant voluntarily caused miscarriage of P.W. 1 without her consent.