In a rare conviction, a sessions court Tuesday found a man guilty of causing the death of an unborn child after he kicked a pregnant woman during a domestic fight.
Manoj Karkhe, 23, was found guilty under Indian Penal Code section 316 (causing the death of an unborn child by act amounting to culpable homicide) and sentenced him to three-and-a-half years jail. The section is applied on a person who commits an act with the knowledge that it can cause the death of a pregnant woman and which results in the death of the unborn child. It attracts a maximum punishment of 10 years.
According to the prosecution, a fight broke out between victim Savita Lokhande’s mother and her cousin Manoj over a domestic issue on October 16, 2017.
During the trial, the family members, including the 28-year old victim, told the court that Karkhe had first kicked the victim’s mother due to which she fell on the floor. When Savita tried to help her get up, Karkhe kicked her too in the stomach. Savita, who was four-month pregnant at that time, fell unconscious and was rushed to the hospital in an autorickshaw. Sonography later revealed that Savita had suffered a miscarriage in the attack.
Based on a complaint by the family, the Bhandup police filed an FIR under sections including 316 and other relevant sections for causing hurt.
Additional public prosecutor, Pranjali Joshi, had submitted to the court that the incident caused trauma to the victim and her family. The prosecutor had also submitted that the incident could have led to the victim’s death if she had not been rushed to the hospital immediately.
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