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november 2007

Supreme Court of India · 2007-11-13

HASI MOHAN BARMAN vs STATE OF ASSAM

Citation / case number
SC 2007/7657
Court
Supreme Court of India
Petitioner
HASI MOHAN BARMAN
Respondent
STATE OF ASSAM
Author
ALTAMAS KABIR G.P. MATHUR
Bench
ALTAMAS KABIR G.P. MATHUR

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 313 IPC for causing miscarriage without the woman's consent, affirming the High Court's finding that the victim was pregnant and that the appellants forcibly administered an injection leading to the abortion. The Court modified the sentence from five years R.I. and a fine of Rs.7,000/- to three years R.I. and a fine of Rs.5,000/-, emphasizing the need for a deterrent punishment while considering the circumstances. The judgment reinforces the legal principle that consent is paramount in matters of medical procedures, particularly concerning pregnancy.

HASI MOHAN BARMAN vs STATE OF ASSAM · Niyam