ABC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard 1. The present petition is seeking termination of pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971 (for short Act of 1971).

(2.) Learned counsel for the petitioner would submit that the petitioner was subjected to rape for which an FIR was lodged on 09.05.2021vide Annexure P-2 and the case was registered under sections 376, 376 (2) 1. by result of such rape she conceived. It is contended that if she is forced to continue the pregnancy which is caused by rape anguish would be caused and would eventually constitute a grave injury to the mental health of the pregnant woman. She would further submit that the medical report of the victim (petitioner herein) would suggest that she was examined on 17.06.2021 by District Medical Board hospital, Durg and subsequently again on 23.06.2021 and the doctor have opined that she may under go Medical termination of pregnancy safely as she is 14 weeks 3 days pregnant.

(3.) Learned State counsel was directed to seek instructions and the case diary was called. He further submits that according to the case dairy 164 statement runs 6 pages, the victim has categorically stated about the rape resulting into pregnancy.