KUNTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The true meaning and import of Section 317 of the Indian Penal Code, is the primary question that falls for determination in this Criminal Revision. The relevant provision is in the following terms :-

(2.) Smt. Kunti petitioner stands convicted under Section 317, Indian Penal, Code and sentenced to one year's rigorous imprisonment by the trial Court which conviction and sentence have been upheld in the Court of Session. The facts are slightly unusual and it is alleged on behalf of the prosecution that on the 16th of July, 1966, at about noon, Avtar Singh P.W. whilst proceeding from his house towards his field noticed a newly born female child lying in the reeds on the outskirts of his village. He is said to have left the infant at that place and informed Joginder Singh, a member of the Gram Panchayat about the same and later accompanied by Kartar Singh all of them found the infant in the reeds. The child was then wrapped in cloth and handed over for care to Smt. Kammo, a midwife of the village and thereafter Avtar Singh and Smt. Kammo proceeded towards the police station for making the report. On the way, however, they met Sohan Singh, Head Constable, who recorded the statement of Avtar Singh on the basis of which the present case was registered. The child and the petitioner were subsequently admitted into the hospital but unfortunately the infant died on the 25th of July, 1966.

(3.) At the trial apart from the medical witnesses and the Investigating Officer, the other prosecution witnesses of the occurrence, namely, Kartar Singh, Piara Singh, Joginder Singh, Avtar Singh and Smt. Karam Kaur virtually declined to support the prosecution case and most of them were declared hostile and cross-examined on behalf of the prosecution. Kartar Singh P.W. in his cross-examination, on behalf of the petitioner, however, stated that it was correct that Avtar Singh P.W. had told him that the petitioner had given her child to him. The petitioner took up a positive plea in her statement under Section 342, Criminal Procedure Code. It was admitted that she had given birth to an illegitimate female child on the day of the occurrence but denying the fact that she abandoned it, she stated that she had handed the child over to Avtar Singh P.W. for care. The substance of her plea appears in her own words in reply to the last but one question under Section 342, Criminal Procedure Code, in the following terms :