KUDRATANI KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Anisul Alam, learned counsel for the accused appellant. Also heard Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

(2.) This appeal is directed against the judgment of conviction and sentence dtd. 28/2/2014 passed by the learned Sessions Judge, Morigaon in Sessions Case No.36/2012, whereby the appellant was convicted under Sec. 314 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 (Seven) years and to pay a fine of Rs.5000.00 (Rupees Five Thousand), in default of payment of fine, to undergo rigorous imprisonment for further six months.

(3.) The case of the prosecution, in brief, is that the deceased, who was about eight months pregnant, had requested the appellant to assist her in terminating the pregnancy as she was already a mother of five children and did not desire to continue the pregnancy. The appellant, without any medical qualification or authority, attempted to terminate the pregnancy by inserting a root-like object into her womb. After the foetus died, the appellant inserted a fishing hook into the private parts of the deceased to pull out the pieces of the unborn child.