Rishi Pal @ Bittoo
of the said Section:
Section 313 IPC:-Causing miscarriage without woman's
consent:-
The woman was with child; that accused caused ... accused voluntarily hit the abdomen of the complainant and
caused miscarriage to her and that he had concocted wrong
story in order to save accused
appellants raped her.
21. Section 313 IPC reads thus:
"313. Causing miscarriage without woman's consent.--Whoever commits the offence defined ... doctor, the time and place of the incident of causing miscarriage, the distance from her house to the hospital, the duration of her unconsciousness
specific allegation made in the FIR that, the accused
caused miscarriage to her with child without consent
of her. The contentions raised by the applicant ... 2023
undefined
He has been charged for the offence of causing
miscarriage and causing disappearance of evidence
with an intention of screening the offender
expert stating that the medicines
prescribed by the accused No.2 caused miscarriage, is vague and,
therefore, cannot be made the basis of the prosecution ... medicines prescribed by the
accused No.2 to the victim has caused miscarriage. The report
dated 3rd March, 2021 is on record
facts.
8. He further submits that although there is allegation of causing miscarriage against the applicant of the victim but except the bald allegation there ... could not dispute the fact that except the bald allegation of causing miscarriage there is no evidence in this regard on record
victim. It is further mentioned in the FIR that applicant also caused miscarriage of the victim.
4. Learned counsel for the applicant submitted that entire ... submitted that although, there is allegation against the applicant that he caused miscarriage to the victim but no charge-sheet was filed against the applicant
exploitation, she also became pregnant and thereafter applicant and his mother caused her miscarriage and thereafter applicant refused to perform marriage with her.
4. Learned ... there is no evidence on record which can show, applicant ever caused her miscarriage.
5. He further submitted actually applicant and prosecutrix were having love
relevant Sections are reproduced as under :
SECTION 313 IPC
"Causing miscarriage without
woman's consent- Whoever commits
the offence defined in the last ... were levelled against the accused
for allegedly causing miscarriage of his wife Smt. Preeti by
giving any elbow blow on her stomach. However, the said
area may gravely
imperil the validity of the trial itself,
if consequential miscarriage of justice
has flowed. However, where such an
omission has occurred ... course, all these
are subject to rider whether they
have caused miscarriage of justice
or prejudice. This Court also
expressed a similar view
Rakesh Kumar Kalra Deaf Divayang vs State Govt Of Nct Delhi on 24 August, 2023
