X Vs. STATE (N.C.T. OF DELHI)

JUDGEMENT

(1.) The petitioner- "X" has filed the present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking directions to the respondents for terminating her pregnancy and to preserve the fetus for DNA test.

(2.) Notice was issued to the respondents. Status report has been filed and it is taken on record. I have made enquiries from the petitioner in the presence of her counsel Ms.Kiran Singh, Advocate in the chamber. She has expressed her willingness to get her pregnancy terminated. She states that she is unable to carry the pregnancy to full term due to social stigma as she is victim of rape. I have also made enquiries from Kapil who in chamber separately. He had no objection to the petitioner getting her pregnancy terminated. He admitted that he was already married and has children. I also had conversation with Arti, petitioner's friend separately. She volunteered to take care of the petitioner during her termination of pregnancy.

(3.) "X" lodged report with the police on 31.01.2013 and case vide FIR No.22/2013 under Section 376/506 IPC was registered against Kapil. She was medically examined at AIIMS on 31.01.2013. It was found that she was having pregnancy of six weeks duration. Her statement under Section 164 Cr.P.C. was recorded. Kapil was arrested and is in custody.