RAJABAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE complainant Basant Bai lodged a report in the police station Arjuni on 21.4.1990 complaining that she was beaten by her mother -in -law, the applicant Rajabai on 20.4.1990 and that beating has caused abortion. According to the complainant she was under pregnancy. The police has registered a case under section 301 and 315 of the Indian Penal Code and the matter was committed to the Sessions Court. After hearing the arguments on the question of framing of the charge, the Court below has framed a charge under section 316 of the Indian Penal Code.

(2.) IT is argued by the counsel for the petitioner that as per the medical report, foetus was of 12 weeks duration only and, therefore, the accused could not have been charged under section 316 I.P.C. At the initial stage of the trial, the Court is not required to go into the weight of prosecution evidence to appreciate its truthfulness or veracity of the effect of the evidence. At that stage, even if there is a strong suspicion which leads the Court to presume that the accused has committed an offence, it is sufficient for the Court to frame the charge under a particular section. Whether the beating given by the applicant was sufficient to cause abortion or whether the abortion so caused comes within the provisions of section 316 I.P.C. or as to what weight has to be attached to the evidence of the doctor are matters which requires consideration at the trial.