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Chhattisgarh High Court Acquits Man in Miscarriage Case

Chhattisgarh High Court Acquits Man in Miscarriage Case
Proof of woman’s consent must to prove miscarriage offence: Chhattisgarh High Court · indianexpress.com

A woman said a man had a relationship with her and later gave her pills that caused a miscarriage.

The man denied responsibility and said the pregnancy could have been from her husband.

A lower court had convicted him and sentenced him to three years in prison.

The man appealed to the Chhattisgarh High Court.

The High Court said it was not enough to show that the woman had been pregnant and then miscarried.

Prosecutors also had to prove that the man caused the miscarriage.

They also had to prove that it happened without the woman’s consent.

Because the evidence did not prove these points beyond reasonable doubt, the court acquitted him.

Key facts

Initial complaint
The woman lodged an FIR in May 2013.
Alleged pregnancy
She said she was about three months pregnant.
Medical finding
A doctor found she was 10–12 weeks pregnant and undergoing an abortion; the doctor said it could have occurred naturally or from an external cause.
Trial sentence
The man received three years’ rigorous imprisonment and a Rs 5,000 fine after the May 2016 conviction.
High Court outcome
The court set aside the trial court’s conviction order and acquitted the man of all charges.
Required proof
The prosecution had to prove the pregnancy, miscarriage, causation by the accused, and lack of consent beyond reasonable doubt.

Quotes

Chhattisgarh High Court

The court issuing the ruling through Justice Ravindra Kumar Agrawal

“Mere proof of pregnancy followed by miscarriage, in the absence of cogent evidence connecting the act of the accused with the miscarriage and establishing want of consent, would not be sufficient to sustain conviction.”
indianexpress.com
“This distinction can become decisive where the woman herself took abortion pills, went to hospital voluntarily or medical records indicate consent.”
indianexpress.com

Sources

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