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India Case Law

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Criminal law

MS. X versus MR. A AND OTHERS

Having considered the complaint, the restatement, medical reports and the doctor’s statement, the Court found material contradictions (including a falsified hospital admission) and that, even taking allegations at face value, there were no sufficient grounds to proceed for offences charged (in particular no prima facie showing of a false promise to marry bearing direct nexus to consent); continuation would amount to abuse of process and miscarriage of justice, therefore the High Court’s order quashing the proceedings under Section 482 Cr.P.C. was correct and should not be interfered with.

  • Quashing of proceedings
  • Consent
  • False promise of marriage
  • Abortion
  • Section 482 cr.p.c.
  • Section 375 ipc
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Criminal law

DR. JACOB GEORGE versus STATE OF KERALA

Conviction under Section 314 IPC is upheld since evidence (PW-1, post-mortem) proves appellant caused miscarriage resulting in death using scientific gadgets without proper training, and no Medical Termination of Pregnancy Act exceptions apply. Appellant's conduct and lack of training justify denial of probation. Fine enhanced for compensation to deceased's child; substantive imprisonment reduced to time already undergone.

  • Abortion
  • Miscarriage
  • Medical negligence
  • Sentencing
  • Probation of offenders
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.