Legal Question in Criminal Law in
criminal miscarriage u/s 312 INDIAN PENAL CODE
Please send me some judgements with citations in which the court passed the aquital order. What is the basic need to form a charge under this section.Whether the court can form a charge in the folling case as stated under.
The victim's mother filed a case on april 2007 regarding a incedent of 29/11/2006 and the medical prescription doesnot cleary said that what is the cause of miscarriage and thre is no hospital report regarding the incedent.There no f.I.R on this incedent on that day and a gd was lodged on 16/2/2007.No information was send to husband at time of this mis carriage.
2 Answers from Attorneys
Re: criminal miscarriage u/s 312 INDIAN PENAL CODE
contact a local lawyer.
Re: criminal miscarriage u/s 312 INDIAN PENAL CODE
One need to read the charge sheet as whole to decide whether charges can be framed or not.
Kindly consult your lawyer with complete charge sheet to assess presence of prima facie case. If there is no prima facie case, then apply for discharge or quashing.
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