328. Exposure and abandonment of child under twelve years by parent or person having care of it.--Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation.--This section is not intended to prevent the trial of the offender for qatl-i-`amd or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure.
COMMENTARY
Further inquiry. No reasonable explanation for delay in lodging F.I.R. had been advanced by complainant. Mere dismissal of suit for jactitation would not be sufficient to infer that marriage between the accused and complainant stood proved. All the co-accused had been granted pre-arrest or post-arrest bail and it was only the accused alone who was declined concession of bail on the ground that she had given birth to the child. Said fact was not disputed by the accused, but the veracity of version of complainant qua counter-version of the accused, had to be determined. Accused having been able to made out a case of further inquiry, she was allowed bail. 2004 YLR (Lah.) 1488.
Nothing was on record to prove that abandoned baby was daughter of female accused or that said baby was born out of sexual relationship between accused persons, question of their prosecution hardly arose. Conviction and sentence were set aside. 2006 PCr.LJ 893 (FSC).
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