share of their
respective branch.
Whether the First Appellate Court caused
miscarriage of justice in its reasoning on Point
No.4? The conclusion drawn ... rightly decided Issue
Nos.1 to 4, the First Appellate Court caused
miscarriage of justice by reversing the findings of
the Trial court
share of their
respective branch.
Whether the First Appellate Court caused
miscarriage of justice in its reasoning on Point
No.4? The conclusion drawn ... rightly decided Issue
Nos.1 to 4, the First Appellate Court caused
miscarriage of justice by reversing the findings of
the Trial court
fine.
Explanation.--A woman who causes herself to miscarry, is
within the meaning of this section.
Section 313 - Causing miscarriage without woman's
consent ... intent to
cause miscarriage.--Whoever, with intent to cause the
miscarriage of a woman with child, does any act which
causes the death of such
justice, the
High Court can interfere with the order which
causes miscarriage of justice or is palpably illegal
or is unjustified."
(Emphasis supplied ... ends of justice this Court could interfere
with the order which causes miscarriage of justice or which is
palpably illegal. The judgment in the case
procedure or had overlooked and
ignored relevant and material evidence thereby
causing miscarriage of justice. Re-appreciation of
evidence is an exercise that the High ... over-looked and ignored relevant and
material evidence thereby causing miscarriage of justice.
Re-appreciation of evidence is an exercise that the High
Court must
material witnesses to
speak about the harassment and miscarriage caused by
accused No.1. However, their evidence is not sufficient to
hold that the accused ... either physically or mentally
harassed P.W.1 or caused miscarriage. P.W.1 has made a
stray statement that accused No.1 demanded dowry
cheque. Therefore, the
non-consideration of Ex.P.7 has caused miscarriage of
justice to complainant. Learned counsel further contends
that the trial Court
complainant against the accused for the alleged offence of causing miscarriage punishable under Section 313 of the IPC and that the learned Magistrate has overlooked ... taking the Court through the definition of the offence of "causing miscarriage" contained in Section 312 of the IPC as also the penal
invoked in exceptional cases when it
17
causes miscarriage of justice, if it is not invoked and the same
has to be exercised sparingly
appellant was charged
with having abetted one Mst Radha in causing
miscarriage to a woman and that Mst Radha was
acquitted but the appellant
