Decided: July 21st, 1933
Bench: Justice Lord Williams, Justice G.D. Mc Nair
FACTS
In the case of Asgarali Pradhania vs. Emperor, the parties involved were the complainant, a 20-year-old divorced lady living with her father, and the appellant, a neighbor who had lent some money to the complainant's father. The complainant alleged that the appellant had given her gifts and made a promise to marry her. As a result, they engaged in sexual intercourse, and the complainant became pregnant. When she asked the appellant to fulfill his promise of marriage, he refused. The appellant suggested that she should miscarry the child and provided her with a red liquid and a packet of powder. The complainant tasted the powder with the red liquid and found it salty and strong, so she spat it out. When she refused to consume the liquid and powder (which was later identified as copper sulphate), the appellant began to force her, causing the complainant to scream. Her father and nearby neighbors rushed to her aid, but the appellant fled.
ISSUE
Whether the appellant could be held liable for an attempt to cause a miscarriage to the complainant?
JUDGMENT
The court decided that the appellant could not be held liable for an attempt to cause a miscarriage, as the substances provided were not harmful enough for this purpose. Therefore, the appellant was acquitted. This case serves as a reminder that mere intention is not sufficient to establish guilt, and there must be an actual act that comes close to the commission of the offense for liability to be established.
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