Court dismisses plea to quash proceedings, emphasizes need for trial to ascertain facts in alleged assault incident under Section 307 IPC.
The Karnataka High Court has dismissed a petition seeking to quash criminal proceedings against Santhosh Kumar H.L and others, who were charged with serious offenses including attempted murder and dowry harassment. The case involves an alleged assault on a pregnant woman, with accusations that she was hit on the abdomen, raising concerns under Section 307 of the Indian Penal Code (IPC), which deals with attempt to murder.
The petitioners argued that the charges were baseless, highlighting the absence of visible injuries and the subsequent safe delivery of the child as evidence that the alleged assault did not occur. However, the court, presided over by Justice Anant Ramanath Hegde, emphasized that the absence of injuries in the medical report and the healthy birth of the child do not conclusively prove the non-occurrence of the alleged assault. The court noted that these are disputed questions of fact that need to be addressed during the trial.
Despite the petitioners' contention that no weapon was used and the medical records indicated only simple injuries, the court maintained that the severity of the alleged act, particularly given the victim's advanced stage of pregnancy, justified the charges under Section 307 IPC. The court further stated that the lack of visible injury on the medical certificate does not inherently exclude the possibility of an offense falling under the ambit of attempted murder.
The court's decision underscores the importance of a thorough examination of facts in the trial process, leaving all contentions open for deliberation. The petitioners' attempt to invoke the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing the proceedings was also dismissed, with the court reinforcing that adjudication of such disputed facts requires a detailed trial.
The case will now proceed in the Sessions Court, where the evidence will be scrutinized to determine the veracity of the allegations. The judgment highlights the judiciary's cautious approach in dealing with cases involving serious charges, especially those affecting vulnerable individuals such as pregnant women.
Bottom Line :
Quashing of proceedings under Section 528 BNSS - Mere absence of visible injury in medical certificate and subsequent safe delivery of child do not by themselves exclude applicability of Section 307 IPC where allegation is of assault on abdomen of a woman in advanced stage of pregnancy - Whether incident actually occurred is a disputed question of fact to be decided at trial.
Statutory provision(s): Section 307 IPC, Section 498A IPC, Section 324 IPC, Section 323 IPC, Section 504 IPC, Section 34 IPC, Sections 3 and 4 of the Dowry Prohibition Act, 1961, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Santhosh Kumar H.L v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2989310
