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1. Appellant/ prosecutrix has preferred the instant appeal against judgment dated 13.10.2025, passed by learned Additional Sessions Judge, Hisar, vide which respondents/ accused have been acquitted.

2. Factual scenario, as unfolded by prosecution is that on 27.07.2021, a telephonic intimation was received by the police from the Primary Health Centre (PHC), Kajlan, regarding the recovery of a fetus in the toilet of the PHC. On the said information, SI Gurnaminder Singh along with other police officials reached the PHC, where Dr. Sanjeev, In-charge of the PHC, submitted a written application stating that the toilet of he PHC was blocked for the last 2-3 days. On 27.07.2021, during the process of cleaning by Surender, Sweeper, an undeveloped fetus was recovered. On the KOMAL basis of the said application, an FIR under Section 318 IPC was registered 2026.03.17 16:42 I attest to the accuracy of this document and proceedings under Section 174 Cr.P.C. were initiated. During investigation, on 29.07.2021, the prosecutrix along with her aunt Angrejo was also present. Subsequently, Ms. Anurag Bhardwaj, Legal Advisor, was called, and after her arrival, the prosecutrix was duly counseled and her statement was recorded. In her statement, the prosecutrix disclosed that she was 10+2 pass and ITI diploma holder, hailing from a family of five sisters and one brother, with two elder and two younger sisters. She stated that she had known Satbir for the last two years, who had been repeatedly committing sexual intercourse with her against her will. She further stated that on 10.03.2021, under threat, Satbir took her to a hotel situated at Talaki Gate, Hisar, where he forcibly committed sexual intercourse with her three times against her consent and threatened her with dire consequences. Subsequently, she conceived and informed Satbir in May 2021. On 10.07.2021, Satbir assured her that he would procure tablets, and on 15.07.2021, he handed her five tablets. On 21.07.2021, upon consuming all those tablets, she suffered from vomiting and loose motions. On 22.07.2021, experiencing severe abdominal pain, she confided in her aunt Angrejo, who took her to PHC Kajlan. Thereafter, while urinating in the toilet, she miscarried, and the fetus was flushed into the sewerage. Thereafter, she along with her aunt returned home. On the basis of her statement, an FIR under Sections 315, 376(2)(n), 506 IPC, Section 3 of the SC/ST Act, and Sections 3, 4, and 5 of the MTP Act was registered. On 30.07.2021, the prosecutrix was produced before MAMC Agroha for medico-legal examination. Her MLR and blood samples for DNA were collected. Thereafter, accused Satbir was arrested on 04.08.2021, subjected to medical examination at MAMC Agroha, and samples were drawn for KOMAL 2026.03.17 16:42 I attest to the accuracy of this document DNA analysis. Section 376 IPC was accordingly added. Despite repeated interrogations, accused Satbir did not cooperate regarding the MTP kit. Demarcation reports were accordingly prepared. The case property was deposited at FSL Madhuban. Accused was arrested. After completion of investigation and necessary formalities the challan against the accused was presented before the Court for commencement of trial.

PW6 Ms. Anju Bala, Staff Nurse, PHC Kajla deposed that she advised the victim twice that if she did not experience any relief, she ought to be referred to Hisar for further treatment. Thereafter, she advised the victim's brother to take her to Hisar for further management. At the relevant time, the victim's maternal aunt (Mausi) was accompanying her and had taken her to the toilet on two occasions on the pretext that the victim was suffering from loose motion. Subsequently, the victim was taken back home by her maternal aunt and brother.

PW11 Dr. Rakesh Kumar, Medical Officer, MAMC, Agroha, prepared the MLR of accused Manoj Kumar and proved the computerized copy of the same as Ex.P39. He further opined that there was nothing in the examination to suggest that Manoj Kumar was incapable of sexual activity.

PW12 Dr. Parbhu Dayal, SMO, Civil Hospital, Hisar, deposed that on 27.07.2021, he was posted as SMO and Nodal Officer PNDT and he received information from the CMO, Hisar, regarding finding a human fetus in the toilet of PHC Kajla. Thereafter, the Civil Surgeon instructed him to liaise with Dr. Sanjeev, Medical Officer, PHC Kajla, to ensure police notification and conduct a post-mortem of the fetus. Thereafter, he investigated the matter accordingly.

PW15 Suman, MPHW, PHC Kajla, produced the original survey register and proved a copy of the same as Ex.P50. She further stated that a team of doctors visited PHC on 28.07.2021 and recorded her statement, which is Ex.P45.

PW16 HC Arvin, OASI Branch, Hisar, DPO Hisar, deposed that he deposited a plastic jar along with sample seal and documents with MAMC Agroha. He also handed over parcels containing blood samples, envelopes, plastic jars with biological samples, documents, and clothes of the victim and accused Satbir, Kuldeep, and Manoj to Constable Sandeep on various dates, who deposited the same with FSL Madhuban and R/FSL Hisar, submitting receipts thereof to him. He confirmed that all case property remained intact and untampered during his custody.