NIDHI SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner is a victim of forcible sexual intercourse committed with her by the accused of Cr.No.0349/19 registered at Police Station Civil Lines, Bilaspur. As a result of the said forcible sexual intercourse the petitioner is carrying pregnancy which she wants to abort, as the said pregnancy is causing her anguish and she does not want to have a child born out of a person who has ravished her without her consent and has subjected her to humility and embarrassment before the society.

(2.) This petition was filed on 6-6-2019 seeking a direction to the authorities to make available two registered medical practitioners for the purpose of termination of petitioner's pregnancy. This Court had summoned for a report as to the length of pregnancy and as to whether the same is legally terminable in accordance with the provisions contained in the Medical Termination of Pregnancy Act, 1971 (for short 'the MTP Act').

(3.) The Chief Medical & Health Officer, Bilaspur, has submitted a report dated 20-6-2019 stating that as on 19-6-2019 the petitioner was carrying pregnancy between 19th & 20th week and has completed 20 weeks of pregnancy on 20-6-2019 i.e. yesterday, therefore, it is not permissible to terminate the pregnancy in view of Section 3 (2) of the MTP Act.