Supreme Court · 2007 INSC 1149 · Decided 13 November 2007
Hasi Mohan Barman and ANR. v. State of Assam and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1149 · [2007] 11 S.C.R. 1135
- Case number
- CRIMINAL APPEAL No. 1534/2007
- Decided
- 13 November 2007
- Bench
- G.P. MATHUR, ALTAMAS KABIR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 313, 34; CrPC Section 320, 319
Headnote
B Penal Code, 1860-s. 313 rlw. s. 34-Non-compoundable offence of causing miscarriage of woman without her consent-Principal accused was paramour of the victim-Courts below convicted him and c a co-accused-Meanwhile, victim married principal accitsed-She filed affidavit before Supreme Court stating to be withdrawn-Effect of the subsequent developments of marriage and compromise-Held: Affidavit filed by victim cannot be utilized for D acquitting the accused-Conviction maintained, but in interest of justice, sentence reduced to period already undergone~Code of Criminal Procedure, 197
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