Penal Code, 1860–Secs. 315/511 & 120B [Corresponding Secs. 91/62 & 61(2) of BNS, 2023]–Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994–Secs. 4 & 5–Order of framing the charge–Sustainability–Merely allegation that sex determination was undertaken does not, without more, demonstrate that any act was done towards preventing live birth–No allegation indicating that any step was taken towards termination–Even if the prosecution version is accepted without rebuttal that a decoy approached for sex determination and the accused allegedly agreed, the material at best suggests alleged readiness for sex determination–It does not indicate any act directed towards preventing live birth–Further, invocation of Sec. 511 would amount to converting suspicion into criminal attempt, which the law does not permit–Held, proceedings u/ss. 315/511 r/w. Sec. 120-B would amount to permitting prosecution on conjecture rather than a legally admissible foundation.
