L.N.MITTAL, J. - (1.) ACCUSED Malkiat Kaur has filed this criminal revision petition assailing her conviction and sentence ordered by both the Courts below.
(2.) PETITIONER along with co-accused Lakhbir Kaur, Kuldeep Singh and Satish Kumar was tried under Sections 312 and 313 Indian Penal Code (IPC) and Sections 4 and 5(2) of the Medical Termination of Pregnancy Act, 1971 (in short, the Act) inter alia on the allegations that on receipt of secret information, raid was conducted on 05.04.2003 at the house of petitioner- Malkiat Kaur by Dr. A. S. Bhullar, Senior Medical Officer, Civil Hospital, Amloh-cum-Sub-Divisional Appropriate Authority along with staff nurse Mohinder Kaur and Class IV employees Bhagat Singh etc. and a public witness Om Parkash. It was found that the petitioner-an untrained Midwife had conducted abortion of Lakhbir Kaur. Learned Sub-Divisional Judicial Magistrate, Amloh vide judgment dated 20.05.2011 convicted the petitioner under Section 312 IPC and Section 5(3) of the Act and also convicted co-accused Lakhbir Kaur, Satish Kumar and Kuldeep Singh for various offences and vide order of even date, awarded sentence to the convicts. The petitioner was sentenced to undergo rigorous imprisonment for two years under Section 5(3) of the Act and rigorous imprisonment for six months under Section 312 IPC. Both the sentences were ordered to run concurrently. Appeals preferred by petitioner and co-accused Lakhbir Kaur and Kuldeep Singh have been dismissed by learned Additional Sessions Judge, Fategarh Sahib. Vide judgment dated 26.04.2012 except that petitioner's co-accused Lakhbir Kaur and Kuldeep Singh have been ordered to be released on probation. . Feeling aggrieved, Malkiat Kaur convict has filed this revision petition.
(3.) I have heard learned counsel for the petitioner and perused the case file.;