Judgment

HIDAYATULLAH, J. : In this appeal, by special leave against the judgment and order of the High Court of Bombay, August 25,1965 the appellant Ashwin Nanubhat Vyas is an accused before the Presidency Magistrate s 4th Court at Girgaon, Bombay. The case was started on the complaint under S. 198. Code of Criminal Procedure of one Kusum Vithal Abhyankar, who charged him with offences under Ss. 417, 493 and 496 of the Indian Penal Code. Kusum s complaint was that Vyas went through a sham marriage with her, before a person who posed as an Officer from the office of the Registrar for Marriages. Subsequently, Vyas abandoned her and married another. On being questioned Vyas told her (Kusum) that he had never married her, as the whole affair was a sham. Kusum alleged that she had become pregnant as a result of the cohabitation but in view of her serious heart ailment Vyas took her to a clinic where under medical advice and on certificate granted by Vyas an abortion was caused to save Kusum s life.

2. The complaint was filed on November 1, 1963 and Kusum was examined by the Presidency Magistrate. Vyas was then summoned to Court. On November 29, Kusum unfortunately died of a heart attack.