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II. Re: Conviction for causing miscarriage - offence punishable under Section 313 of the IPC

49. The next question to be examined is whether it is established that the appellant is guilty of committing an offence punishable under Section 313 of the IPC. In terms of Section 313 of the IPC, whoever commits an offence as defined in Section 312 of the IPC, would be liable to be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and he shall also be liable for fine. Sections 312 and 313 of the IPC are set out below:

―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.

313. Causing miscarriage without woman's consent. -

Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.‖

50. In the present case, there is little evidence to establish that the appellant had caused the prosecutrix to miscarry. The Trial Court had held that the appellant was guilty of causing miscarriage to the prosecutrix by administering her pills. The only evidence that the appellant had administered any pills to the prosecutrix on 05.08.2011 is her testimony to the aforesaid effect, her complaint (Ex PW6/A) and the history recorded in her MLC. Thus, apart from the prosecutrix stating so, there is no evidence whatsoever to establish that the appellant had committed the said offence. In her statement, she had stated that on that day, at about 05:45 a.m., her father had come and had given her some medicines. However, since she refused to take it, the appellant had slapped her and had forcibly put the medicines in her mouth.