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1992 Supreme(Bom) 392

M.F.SALDANHA
Vatchhalabai Maruti Kshirsagar – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - SALDANHA M.F., J.:—Section 314 of the Indian Penal Code prescribes that if an act is done with the intent of causing the miscarriage of a woman with a child, and it results in the death of such woman, that the accused shall be punished in the manner prescribed by that section. The issue canvassed in this appeal centres around the question as to whether the accused, who undoubtedly attempted to cause a miscarriage of a pregnant woman, but was unsuccessful in the process, and was convicted for the death of the person was rightly held guilty, when it was demonstrated that the girl had died several weeks later of septicaemia without it having been established that the accused was in any way responsible for her fatal condition. Conversely, merely because there was a time-lag between the date when the deceased was treated and the subsequent death and the unfortunate situation that adequate and proper surgery,and corrective action was not made available to the deceased, could it exonerate the accused from the liability under this section. On these points canvassed in the present appeal which are of far-reaching importance and for purposes of their resolution, a reference to the




















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