Sessions Judge acquitted all the accused of the offences under Sections 318, 176, 201, r/w 34 and of the offences under Sections 304, 315, 314, 316 r/w 34 of the Indian Penal Code. Sessions Judge, Kolhapur by which the learned Addl. This appeal is filed by the State challenging the judgment dated 28-8-1989 of the IIIrd Addl. Pol for the State-Appellant and, learned advocate Mr. (1973), S.378 - Appeal against acquittal - Acquittal of accused without considering vital documents and oral evidence - Not proper - Pregnancy of deceased, an unmarried girl proved by evidence of witness - Medical evidence showing that death was due to perforation of uterus following abortion - Body of deceased buried in a field, recovered at the instance of accused - Doctor deposing that accused had taken deceased to him for abortion and deceased told him that she was pregnant from accused - On refusal of doctor to perform abortion, the deceased was taken to another doctor - Instruments used in burying deceased and other articles recovered at the instance of accused - Held, accused liable to be convicted under Ss.312, 315, 316, 318 and 201 of I.P.C. (A) Evidence Act (1872), Ss.3, 154 - Appreciation of evidence - Hostile witness - Witness not confronted with his earlier statement - Witness making his earlier statement voluntarily before Special Executive Magistrate - Held, his earlier statement would be of no use even though it was made voluntarily - It was necessary for prosecution to confront him with said statement.
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