Jiah Khan case: Will illegal abortion charge be added against Sooraj?

I was scared of getting pregnant but I gave you myself completely The pain you have caused me every day has destroyed every bit of me destroyed my soul and I aborted our baby when it hurt me deeply said the handwritten note recovered from the Juhu flat where actress Jiah Khan was found hanging from the ceiling fan on June 3 2013Also read CBI charge sheet logs details of SoorajJiahs chaotic relationshipJiah KhanIn the note Jiah clearly expressed how the abortion had left her distraught mdash a fact that could be used to nail her boyfriend Sooraj Pancholi under Section 315 of the Indian Penal Code IPC which relates to foeticide or infanticide which could make for a stronger case than abetment of suicide Section 306 of which he was charged on WednesdayAlso read Note found in actress Jiah Khan suicide caseThe CBI in its chargesheet did not include Section 315 but laid out a detailed series of events around the abortion claiming Sooraj had pulled out the 4weekold foetus from Jiahs body himself finally flushing it down the toiletSpecial public prosecutor for the case Advocate Dinesh Tiwari said ldquoIn context to the letter by Jiah Khan which the police recovered from her flat Section 315 can be applied as it strongly indicates she was against the abortionrdquoPraying for justice ldquoI am shattered no tears are enough no remedy for my aching soul which prays for justice He who could do this to my child can be capable of anythingrdquo said Jiahrsquos mother Rabiya Khan at the prayer meet she held yesterday at the familyrsquos Juhu residence PicsNimesh DaveSordid detailsWhile the Juhu police had missed this brutal treatment meted out to Jiah and the foetus the CBI investigations revealed that Jiah had learnt of her pregnancy in January 2013 after she visitedDr Rahul Datta mdash a doctor known to the family She complained of stomachache and blood tests and a sonography confirmed she was pregnantThe CBIs summary report further states that on January 16 2013 Jiah and Sooraj went to Dr Datta and he prescribed the tablets mifepristone and misoprostol both of which induce abortions After consuming the tablets Jiah started bleeding profusely Dr Datta referred her to gynaecologist Dr Sejal Desai who saw her on January 19 She prescribed the tablet misoprostol after diagnosis and also executed a Patient Agreement Form for Medical Abortion which was signed by JiahIt was after a day or two that Dr Datta received a phone call from Sooraj who informed him that half of the stuff referring to the foetus was stuck inside Dr Datta advised him to take Jiah to a nearby hospital After some time Sooraj informed Dr Datta that he had helped her to pull out the foetusHowever on January 27 2013 Jiah told her stylist Maneka Harisinghani over the phone that she had a severe cramp in her leg She said that Sooraj had left upon seeing her in pain When Maneka reached her apartment she saw Sooraj helping Jiah inside the car as she repeatedly said I am sorry I am sorry Maneka joined the couple in their visit to Kokilaben Hospital where Jiah was admitted At the time Sooraj had informed the doctor about Jiahs abortionThe CBIs summary statement further states On the basis of forensic statement analysis it has been inferred that the statement given by Sooraj seems incomplete and fabricated on relevant issues It indicates that he is concealing the relevant information related to the deathsuicide of Jiah and does not want to disclose some content of his last argument with the deceased that may be a cause of her deathsuicide The central investigating agencys suspicions were further roused by the fact that Sooraj had refused to undergo a polygraph test brain mapping or narcoanalysisNot too lateSo then why has Section 315 been left out of the chargesheet Legal experts said it is still not too late to add it to the chargesheet as the court is yet to frame the chargesJiah Khan and Sooraj PancholiA senior CBI officer said ldquoWe have filed the chargesheet The court has to go through the evidence and accordingly decide whether to add any further charges when the matter comes uprdquoAccording to IPS officerturnedcriminal lawyer Y P Singh the CBI was merely being careful ldquoCriminal law moves around the principle of strict interpretation of the words which constitute the specific ingredients of the offence Since there are many grey areas with respect to the words in Section 315 of the IPC the CBI might have decided to tread cautiouslyrdquo said SinghHe added ldquoNevertheless during the trial if it is found that there is sufficient evidence to apply Section 315 then it can be added by the public prosecutor This would be pragmatic because proving a case of abetment to suicide is not easy in such cases Thus if 306 fails then Section 315 could rescue the prosecutions caserdquoNoted criminal lawyer Majeed Memon said ldquoI do not know the evidence that the CBI has collected in the case but at the stage of framing of charges the court mdash after hearing both the prosecution and the defence mdash may add alter or drop some charges as per the evidencerdquoWhat is section 315Section 315 of the Indian Penal Code reads Act done with intent to prevent child being born alive or to cause it to die after birth Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth and does by such act prevent that child from being born alive or causes it to die after its birth shall if such act be not caused in good faith for the purpose of saving the life of the mother be punished with imprisonment of either description for a term which may extend to ten years or with fine or with both