XYZ (MINOR) Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) A minor victim of forcible sexual intercourse/rape by accused has filed this writ petition through her natural guardian seeking the following reliefs:-

(2.) Learned counsel for petitioner submits that petitioner was subjected to rape. After noticing the size of stomach, mother of petitioner asked about it, at that time she narrated that on false assurance of marriage she developed physical relationship with a person and became pregnant. She was taken to hospital. Upon examination, the doctor diagnosed petitioner carrying pregnancy and average gestational age to be 25 weeks. Petitioner being minor if for any reason has to deliver a child it will cause adverse impact on her mind and therefore, this petition is filed seeking permission of this Court for termination of pregnancy.

(3.) When the case came up for hearing before this Court on 19/12/2025 this Court directed the Hospital Superintendent, Pt. J.N.M. Medical College and Dr. B.R. Ambedkar Memorial Hospital, Raipur to submit report with opinion with regard to medical termination of pregnancy of petitioner, upon which respondent-State has produced the copy of report submitted by Medical Board, Raipur (C.G.). In the report/opinion, team of doctor have opined that minor is fit for MTP, termination of pregnancy can be allowed. The gestational age of foetus is diagnosed to be of 25 weeks (one week +/-).