organs are visible. Using an ultrasound device, the doctor can tell if the child is a girl or a boy. the one on the left is a baby girl.
Dilation and Evacuation ( D&E): This method is used up to 18 weeks gestation. Instead of the loop shaped knife used in D&C abortions, a pair of forceps is inserted into the womb to grasp part of the fetus. The teeth of the forceps twist and tear the bones of the unborn child. this process is repeated until the fetus is totally dismembered and removed. Usually the spine must be snapped and the skull crushed in order to remove them.
Salt poisoning ( Saline injection): used after 16 weeks ( four months) when enough fluid has accumulated. A long needle injects a strong salt solution through the mother’s abdomen into the baby’s sac. The baby swallows this fluid and is poisoned by it. It also acts as a corrosive, burning off the outer layer of skin. It normally takes somewhat over an hour for the babyd to die from this. Within 24 hours, labor will usually set in and the mother will give birth to a dead or dying baby. ( there have been many cases of these babies being born alive They are usually left unattended to die. However, a few have survived and later been adopted)
At six months: Seen here at six months, the unborn child is covered with a fine, downy hair called lanugo. Its tender skin is protected by a waxy substance called vernix. some of this substance may still be on the child’s skin at birth at which time it will be quickly absorbed. the child practices breathing by inhaling amnionic fluid into developing lungs.
Prostaglandin chemical Abortion: This form of abortion uses chemicals developed by the Upjohn Pharmaceutical Co. which cause the uter4us to contract intensely, pushing out the developing baby. the contractions are more violent than normal, natural contractions, so the unborn baby is frequently killed by them. some have even been decapitated. Many, however, have also been born alive.
Hysterotomy or caesarean section.: used mainly in the last three months of pregnancy, the womb is entered by surgery through the wall of the abdomen. The technique is similar to a caesarean delivery except that the umbilical cord is usually cut while the baby is till in the womb. Thus cutting of his oxygen supply and causing him to suffocate. Some times the baby is removed alive and simply left in a corner to die of neglect or exposure.
At 30 weeks: For several months, the umbilical cord has been the baby’s lifeline to the mother. Nourishment is transferred from the mother’s blood. through the placenta, and into the umbilical cord to the fetus. If the mother ingests any toxic substances, such as drugs or alcohol, the baby receives these as well.
32weeks: The fetus sleeps 90-95 % of the day, and sometimes experiences REM sleep, an indication of dreaming.
Partial Birth abortion: Five steps to a partial birth abortion.
1. Guided by ultrasound, the abortionist grabs the baby’s with forceps.
2. The baby’s leg is pulled out into the birth canal.
3. The abortionist delivers the baby’s entire body, except for the head.
4. The abortionist jams scissors into the baby’s skull. The scissors are then opened to enlarge the skull.
5. The scissors are removed and a suction catheter is inserted. the child’s brains are sucked out, causing the skull to collapse. the dead baby is then removed.
After having gone through the stages of formation of a child in the womb of the mother and after keeping in view the Medical evidence on record referred to above it can safely be said that the fetus in the womb of the deceased was of such an age which could not have been legally terminated in ordinary course because skull bones of the child are developed at a later stage of the pregnancy.
Generally ladies seeking to terminate their pregnancies sometimes resort to unsafe method, particularly when access to legal abortions is restricted and in particular when the fetus is a result of illicit relations, therefore, they rely on or other person who does not have proper facilities and trainings available. This has therefore tendency to lead to severe complications such as incomplete abortion, hemorrhage and death.
In the instant case the fear of defame in society and the greed of doctor (accused No.3) has not only caused the death of the unborn child with grown up organs and feelings but also of the deceased mother, Mst. Rafiqa at young age.
Subsequent to the death of the deceased Mst. Rafiqa Bano the accused conspired to dispose of the dead body and in a planned manner brought the dead body to SMHS Hospital Srinagar in the late hours in a Maruti Car driven by accused No.5 Reyaz Ahmad, left it unattended till it was recovered by the police at the information of Hospital authorities. Therefore, the attending circumstances of the case together with the oral evidence in particular the medical evidence led by the prosecution establishes the guilt of the accused more so when there is nothing in rebuttal to the circumstances established by the prosecution. However, it appears to the court that the interested witnesses i.e. PW 1 and 2 sister and father of the deceased have been influenced during the trial but that would not effect the prosecution case which otherwise rests on circumstantial evidence supported by the statements of accused Altaf and Reyaz which are conclusive in nature.
In criminal cases all the evidence to prove the charge against an accused is either direct/oral or circumstantial. Direct evidence means when the fact is proved directly by the witnesses and circumstantial evidence means a fact on which an inference is to be founded and when a case rests on circumstantial evidence such evidence must satisfy (a) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established;
(b) those circumstances must be pointing towards the guilt of the accused and (c) the circumstances should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else.
In Balvinder Singh vs State Punjab 1996 SC,607 the Hon’ble Supreme court has held that “ while appreciating the circumstantial evidence, the mere fact that there is only a remote possibility in favour of the accused, it would not be legally justified to allow the accused to escape punishment. It is that the principle of innocence of an accused must be kept in view while appreciating the circumstantial evidence, but simultaneously it must also be kept in view that guilty person should not be allowed to escape punishment only on a remote possibility of innocence in his favour. In such cases the judicial conscience of the court must be tested on the anvil of rational thinking man who could reasonably, honestly and conscientiously arrive on the same conclusion, long rope cannot be given to the subordinate courts to entertain untenable doubts about innocence of an accused on fanciful conjectures in a brutal crime committed on broad day light. If this is permitted the law and the law courts will not be able to protect the society from anti social elements for whom the society has developed the concept of law and law court from time immemorial”.
In the instant case the accused No.3 is facing charge of having induced illegal abortion of the deceased lady who approached him in company of accused No.1 at an advanced stage of pregnancy and while doing so the lady died of shock and hemorrhage due to blood loss in the clinic of accused No.3 in presence and to the knowledge of other accused, obviously there could be no other witness to the crime except the accused who thereafter conspired and dumped the dead body in the SMHS Hospital. The most unfortunate part of the case is that accused No.1 Altaf Hajam who had sexually misused, with consent or without consent, the deceased lady had no regrets of her death in the clinic and he also became part of the conspiracy hatched by the accused. Therefore, once all the accused joined hands to hide their crime and dispose of the dead body they threw the body in SMHS Hospital to escape punishment but the circumstantial evidence gathered during and after the investigation points finger towards the accused only and every other possibility is to be ruled out. More so when the accused No.3 has been found involved in such offences a number of times. Though the learned counsel for the said accused had while admitting the allegations of pendency of other cases stated that he stand acquitted of the case by the Hon’ble High Court of J&K.
Another question which arises for consideration of this court is as to whether the statements of some of the accused while pleading not guilty to the charges can be read against all the accused and whether those statements could also be treated as a circumstance against the accused to hold them guilty of having committed the offences.
Admittedly accused No.3, Dr. Ghulam Nabi Bhat is the main accused who after being consulted by the deceased and accused No.1 agreed to the illegal abortion at his clinic “Jehlum Diagnostic centre HSHS Srinagar and when the substance of accusation while framing of charge was read over to the said accused he in a routine and casual manner pleaded not guilty and denied the charge as has been done by accused Ab. Majeed, Gh. Mohd Hajam and Safia Bano. Accused Mohd Ashraf has, however, replied that accused No.3 is the owner of the clinic and he is his employee working in the said clinic. Same is not the case with accused Altaf Hajam and Reyaz Ahmad Dar. Altaf Hajam has while replying the accusation pleaded not guilty but stated in so many words that Mst. Rafiqa was known to him and he accompanied her and got her examined by accused Dr. Gh. Nabi Bhat where they came to know that Rafiq was pregnant. Accused Reyaz has stated that one day he was told by accused Altaf that a dead body was to be taken to SMHS Hospital which he did in his Maruti car. Therefore, once the chain of events is complete even from the statements of the two accused namely Reyaz Ahmad and Altaf an inference of guilt can be safely drawn against the accused only and doubts about the recovery of the chit, EXPW-7/2 or authenticity of consent form Mark-SPP will not in any way effect the prosecution story.
I am therefore of the firm opinion that the statements of the accused Altaf Hajam and Reyaz Ahmad Dar strengthens the prosecution story and same can be read as a valid circumstance against the accused in holding them guilty of the offences committed by them because there are reasonable grounds established to believe that accused have committed the offence.
Keeping in view the totality of the circumstances, evidence on record and conduct of accused in particular accused Nos. 1 and 3 the prosecution has established and proved their case beyond reasonable doubt. The prosecution has beyond doubt proved that the deceased lady Mst. Rafiqa D/o Gh. Mohd Sheikh R/o Sonwar was subjected to induced abortion at an advanced stage of pregnancy by Doctor, Ghulam Nabi Bhat, accused No.3 at the instance of accused No.1 Altaf Ahmad Hajam who was having illicit relations with the deceased lady and during the course termination of fetus by accused No.3 with the aid and assistance of Mohd Ashraf Bhat and mid wife Mst. Safia accused No.s 6 and 7, the lady died due to shock , blood loss and hemorrhage. There after the accused under a criminal conspiracy to get rid of the dead body threw it in SMHS Hospital Srinagar as an unidentified/unclaimed body.
Therefore, for the reasons discussed herein above and the material available on record the prosecution has proved its case against accused No.1 Altaf Ahmad Hajam, accused No.3, Dr. Gh. Nabi Bhat, accused No.5 Reyaz Ahmad Dar, accused No.6 Mohd Ashraf Bhat and accused No.7 Mst. Safia under sections 304,316,120-B 34 RPC and they deserve to be convicted and sentenced accordingly. However, there is no cogent evidence, oral or circumstantial against the accused Nos. 2 and 4 who deserve to be acquitted of the charges.
Now coming to the question of punishment, in the present case in hand two lives have been lost as a result of the criminal Act of the accused in particular accused No.1 and 3. Accused No.3 has first taken the life of an unborn child whose remains including the skull bones have been found in the uterus of the deceased during autopsy and by inducing abortion though incomplete has committed another offence punishable under section 304 RPC which took the life of a young lady Mst. Rafiqa who of course wanted to hide her pre-marital pregnancy. I am reminded of an authority of Hon’ble Supreme Court, AIR, 1996 SC 530, wherein their lordships have in para 9 held as under:
“In recent years, we have noticed that crime against women are on the rise. These crimes are an affront to the human dignity of the society. Imposition of grossly inadequate sentence and particularly against the mandate of the legislature not only is an injustice to the victim of the crime in particular and the society as a whole in general but also at times encourages a criminal. The courts have an obligation while awarding punishment to impose appropriate punishment so as to respond to the society’s cry for justice against such criminals. Public abhorrence of the crime needs a reflection through the courts verdict in the measure of punishment. The courts must not only keep in view the right of the criminals but also the rights of the victim of crime and the society at large while considering imposition of the appropriate punishment.”
Accused No.1, Mohd Altaf Hajam son of Mohd Akbar Hajam R/o Hajam Mohalla, Nowgam, against whom the allegations leveled in the charge sheet have been proved and established by the prosecution that he at an advanced stage of pregnancy got the deceased Mst. Rafiqa examined by accused No.3, Dr. Gh. Nabi Bhat at his clinic Jehlum Diagnostic Centre HSHS, Srinagar and under the cover of a well planned criminal conspiracy, to conceal their illegal relations decided to get the fetus terminated and when the lady Mst. Rafiqa was subjected to the induced abortion she died and was thereafter thrown in SMHS Hospital, Srinagar, in a Maruti car driven by accused No.5, Reyaz Ahmad Dar. It has also been proved that the accused Altaf Ahmad Hajam and accused No.3 Dr. Ghulam Nabi Bhat alongwith the deceased committed the crime in furtherance of their common
Hell with them. Jahanam yeyen zinaiyen