Document Fragment View

Matching Fragments

13. In order to prove its case that accused committed an offence of voluntary causing miscarriage, punishable under Section 312 IPC, prosecution has to prove firstly that the accused caused the prosecutrix with a child to miscarry and secondly, that such miscarriage was not caused in good faith for the purpose of saving the life of the prosecutrix.

14. In order to prove its case that accused committed an offence of causing disappearance of evidence of offence, or giving false information to screen offender punishable under Section 201 IPC, prosecution has to prove firstly that the accused made physical relations with the prosecutrix and due to that she conceived thrice and accused caused such evidence to disappear to screen himself.

38. Fifthly, the testimony of the prosecutrix that she was given cold drink and after drinking the cold drink she lost her consciousness seems unbelievable and untrustworthy. The first reason for this decision is that prosecutrix could not tell even the brand of cold drink which was offered to her. The second reason is that she even could not tell the date and month when the cold drink was offered and she consumed the same.

39. Sixthly, the prosecution evidence could not prove the specific date time or place when the accused made the prosecutrix to abort her fetus three times. As mentioned above, she even could not tell when she conceived and aborted first time, second time or third time. Except telling the name of the hospital as Taneja Nursing Home, nothing more could be established on record. Her statement remained unsubstantiated on this aspect. Thus, it could not established beyond reasonable suspicion and shadow of doubt that accused voluntarily caused miscarriage of fetus of the prosecutrix.

53. Lastly, it is one of the basic principles of criminal jurisprudence that let hundreds of criminal may go unpunished but one innocent person should not be punished. It would be just fair and appropriate, if accused is given benefit of doubt as the prosecution has failed to prove its case against him for the alleged offences beyond any reasonable suspicion or shadow of doubt.

CONCLUSION

54. Consequent upon above reasons, discussion and evidence on record and particularly discussed here in above, it is held that prosecution could not prove its case against the accused beyond any reasonable suspicion and shadow of doubt that the accused Saleem Khan @ Sonu committed offence of cheating punishable under Section 417 IPC, offence of causing hurt by means of poison, etc. punishable under Section 328 IPC, offence of rape punishable under Section 376 IPC, offence of criminal intimidation punishable under Section 506 IPC, offence of abducting a woman punishable under Section 366 IPC, offence of voluntarily causing miscarriage punishable under Section 312 IPC and offence of causing evidence to disappear to screen himself from the punishment punishable under Section 201 IPC. Consequently, the accused is acquitted for the offences punishable under Section 417/328/376/506/366/312/201 IPC by giving him benefit of doubt.