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2. Since the offences u/s 313/315 IPC are exclusively triable by the court of sessions, therefore, after supply of the documents, Ld. MM committed the case to court of sessions.
Charge Against The Accused:
3. Prima facie case u/s 313 r/w sec/ 120B IPC and sec. 201 r/w sec. 120B IPC was made out against all the accused persons, whereas Prima facie case u/s 23 of PNDT Act was also made out against accused Dr. S.C. Gupta and prima facie case u/s 24/25 of PNDT Act was made out against accused Hari Om and Bhagwani Devi. Charge was framed against them accordingly, to which they pleaded not guilty and claimed trial. Witnesses Examined:
48. The only daughter born out of the wedlock is in custody of accused and as submitted by Ld. counsel for accused, it was rather complainant who deserted her daughter and did not care to look after her, whereas it was also admitted by the complainant in her testimony that she has not filed any case of custody of her daughter namely Aashi.
49. Having discussed above, I have no hesitation to conclude that prosecution has miserably failed to prove its case against the accused persons regarding conducting ultrasound of complainant on 14.6.2010 in the nursing home being run by accused Dr. S.C. Gupta as well as causing miscarriage of complainant by illegal means or forcing her to undergo abortion. All the accused persons are accordingly acquitted of the offence u/s 313 r/w sec/ 120B IPC and sec. 201 r/w sec. 120B IPC. Accused Dr. S.C. Gupta is further acquitted of the offence u/s 23 of PNDT Act as well as accused Hari Om @ Harish and Bhagwan Devi are also acquitted of the offence u/s 24/25 of PNDT Act.