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.