Indian Kanoon - Search engine for Indian Law

13. Section 312 of the Indian Penal Code reads as follows:-

"312. Causing miscarriage.--

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.--A woman who causes herself to miscarry, is within the meaning of this section.

14. Evidently, there is no evidence that any of the appellants were involved in causing miscarriage of a woman. As such conviction recorded under Section 312 I.P.C. with the aid of Section 34 of the Indian Penal Code is not sustainable in law as the conviction is based on no evidence. Therefore, both the appellants are hereby acquitted of the charge under Section 312 of the Indian Penal Code.

15. In the result, appeal of the appellant Vijay Sharma stands allowed.