that she has become pregnant and subsequently he caused miscarriage by way of
giving tablets and thereafter, he firmly refused to marry ... months pregnancy the accused has directed her to take tablets for causing
miscarriage and if miscarriage is done, he would marry her and accordingly
child, by kicking
her on the stomach and her back, for causing miscarriage of the
foetus.
(d) The fourth charge was against ... since none of them worked, A1 attempted to buy medicine for causing
miscarriage; that since the medical stores refused to give medicine, A1 took
prosecution should establish the fact that the
accused has caused miscarriage without the consent of victim girl. Though
P.W.2 has stated that ... indicates that her version about the accused giving a tablet for causing
miscarriage is highly doubtful. Though in the cross examination
caused not in good faith for the purpose of saving
the life of the woman. Section 312 IPC, which defines the offence of
causing miscarriage ... PW11 to undergo termination, it cannot be presumed that
someone has caused miscarriage against her will and without any good
faith. Even according
also on her stomach, knowing that she was pregnant and
thereby, caused miscarriage to her. The respondent, after completion of
investigation filed the final report ... medical evidence proved that the
appellants/accused are responsible for causing miscarriage of PW.1, who
was pregnant by three months. He would further submit
qualified doctor and the allegations levelled against her that she had caused miscarriage are not established. Admittedly, the prosecution witnesses did not give the details ... miscarriage and according to him, providing of unriped fruits and drugs are only to facilitate free flow of menstruation and against any delay caused
course, all these are subject to rider whether they have caused miscarriage of justice or prejudice. This Court also expressed a similar view
exceptions to them have been carved out to correct accidental mistakes or miscarriage of justice for which even there was no specific rules or statutory ... Court is found inherent with apparent error or mistake of law, causing miscarriage of justice and for other sufficient reason by which justice could
judis
W.A.No.529 of 2018
miscarriage of justice.”
A mere reading of the above regulation vividly shows that even the failure
to comply ... resulted in miscarriage of justice. Admittedly, the merits of the case of the
appellant has not been shown to have resulted in miscarriage of justice
Court is found inherent with apparant error or mistake of law causing miscarriage of justice and for other sufficient reasons by which justice could ... parties that if a patent error or mistake of law causing total miscarriage of justice in a judgment or order passed by a Court
