XYZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This court on 29/6/2022 had asked the respondent-Chief Medical Officer, Mahasamund to submit a report so far as the health condition of the petitioner who has filed this present writ petition seeking for termination of her pregnancy.

(2.) As per the direction of this court, the State counsel has produced before this court a report of the respondent No.4 dtd. 30/6/2022. As per the said report, the petitioner has been found to be carrying with 15-16 weeks of pregnancy. That is to say as per the medical examination she is pregnant with 16 weeks and 4 days. At the same time, on the basis of Ultra Sonography examination she is found to be 15 weeks and 4 days of pregnancy.

(3.) The facts of the case is that the petitioner is a victim of rape committed by one Gunsagar Pasayat. For the said offence an FIR was lodged on 23/5/2022 at Police Station Basna, District Mahasamund, for the offence punishable under Ss. 376(2)(n) of IPC and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended in 2015). As a result of the said act on the part of the accused, the petitioner is said to have got conceived and she is carrying with around 16 weeks of pregnancy. Since, the petitioner has got conceived by an act of rape, she intends to get her pregnancy terminated for various reasons apart from the fact that she is a unmarried girl and she is also afraid of the social stigma that will arise on account of her getting conceived before marriage.