In Asgarali Pradhania vs Emperor case, it was held that there should be a commission of the crime to call it as an ‘attempt’ which has not been taken place, therefore appellant cannot be convicted and should be acquitted.
Calcutta High Court
AIR 1933 Cal 893
JUDGEMENT DELIVERED ON:
July 21st, 1933
Justice Lord Williams, Justice G.D. Mc Nair
RELEVANT ACT AND PROVISIONS:
- Section 511 of the Indian Penal Code, 1860.
- Section 58 of the Person Act, 1861.
FACTS OF THE CASE:
- Complainant was 20 years divorced lady living with her father and used to sleep in the cook shed.
- The appellant was a neighbor was has lent some money to the complaint father.
- Complaint claims that the appellant used to give gifts and made a promise to marry her. As a result, they both have sexual intercourse and complaint became pregnant. Complainant asks appellant to fulfill the promise of marriage but he refused.
- Appellant suggests miscarrying the child and provided him some red liquid and a packet of powder. Complainant taste that powder with red liquid and find that salty and strong and spat it out.
- On not taking that liquid and powder (copper sulphate) appellant, start forcing him, due to which complainant started screaming. Her father and nearby neighbors ran over to help him, but appellant fled.
Whether it held the appellant liable for an attempt to cause miscarriage to the complainant?
Court held that the liquid and powder given by the appellant are not harmful to miscarry the child. Therefore, the appellant cannot be convicted on the ground to attempt to cause a miscarriage under section 511 of the Indian Penal Code, 1860. Hence, the appellant was acquitted.
- Raman Chettiar v. Emperor, AIR 1927
- Queen-Empress v. Gopala (1893)
- Empress v. Ganesh Balvant (1910) 34 Bom 378
- Queen-Empress v. Luxman Narayan Joshi (1900) 2 Bom LR 286
- R. v. Cheeseman (1862)
The judgement comes in the appellant’s favor. From this case, we can learn one important thing: that mere intention cannot be a sufficient ground to prove a person guilty. To make a person liable, there must be the completion of the offence. Also, the aggrieved party helps in a better understanding of the facts of the case.
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