MUJIM KHAN Vs. STATE OF CHHATTISGARH, THROUGH SECRETARY

JUDGEMENT

(1.) The petitioner, who is father of a victim of rape and sexual violence, has preferred this writ petition for termination of pregnancy of his daughter which according to the petitioner is a result of commission of the offence of rape on his daughter. The petition was filed on 27-3- 2018 and looking to the urgency, the matter was taken-up on same day and Medical Board consisting of Dean, Govt. Medical College and Hospital, Rajnandgaon; two senior gynecologists available in the hospital; one Radiologist and one Psychiatrist was constituted to examine the following aspects and report was directed to be submitted on 2-4-2018: -

(2.) Report has been submitted and on 2-4-2018, it was further directed to inform as to what are the offences that are registered against the accused who is alleged to have committed rape with the daughter of the petitioner and accordingly, it is informed that against the accused person, offence under Sections 366A, 376 of the IPC; Sections 4 and 6 of the Protection of Children from Sexual Offences Act have also been added subsequently and the accused has been arrested on 27- 2-2018. Medical report has also been submitted before this Court.

(3.) Mr. Parag Kotecha, learned counsel appearing for the petitioner, submits that the petitioner's daughter, who is aged about 17 years, has been raped by the accused person pursuant to which FIR under Crime No.9/2018 in Police Station Khadgaon, Distt. Rajnandgaon has been registered on 24-2-2018 and the petitioner's daughter was got examined in which she was found pregnant. She is ready and willing to undergo the termination of pregnancy. Since pregnancy beyond 20 weeks cannot be terminated without leave of the court and since the petitioner's daughter is carrying pregnancy of 24-26 weeks and is likely to affect her psychologically and it endangers her life also, the petitioner has knocked the doors of this Court by filing this writ petition as stated herein-above to prevent his daughter from severe mental agony of carrying unwanted pregnancy. Buttressing his submission by relying upon a decision of the Supreme Court in the matter of Suchita Srivastava and another v. Chandigarh Administration, (2009) 9 SCC 1 a prayer has been made to direct termination of pregnancy applying the "best interests" theory to prevent the petitioner's daughter from further mental agony which is a grave injury to her. Mr. Kotecha has prayed for issuance of an immediate direction in that regard.