ABC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition has been filed seeking permission for her daughter for termination of pregnancy. The daughter of petitioner a minor aged around 14 years was subjected to rape on 26/1/2022 by two persons namely Chabi Yadav and Kishan Yadav. An FIR in this regard was lodged at a belated stage on 4/7/2022 at the Police Station Sarkanda, Bilaspur registered as Crime No. 759/2022 for the offence under Ss. 376-D, 506 of the IPC and Ss. 4 and 6 of the POCSO Act.

(2.) After the FIR was lodged, the victim being subjected to medical examination, it was found that she was pregnant and on further investigation it was found that she was carrying for around 27 weeks. The further medication examination also reveled that the victim in the instant case was tested positive of Sickling. The petitioner herein i.e. the mother of the victim has moved the present writ petition seeking for the termination of pregnancy. The Doctors at the first instance showed their reluctance considering the fact that the matter is already seized in a criminal case for an offence under rape. Further the age of the fetus also did not legally permit the medical practitioners to perform the termination of pregnancy. It is for this reason that the petitioner has been forced to file the present writ petition.

(3.) On 13/7/2022 this Court had directed the Chhattisgarh Institute of Medical Science (CIMS), Bilaspur i.e. the respondent No.2 to get the victim examined and to give a report on the health of the victim, the condition of the fetus and also whether the situation was such that the victim could be allowed to terminate her pregnancy.