XXXXXXXXXX Vs. UNION OF INDIA

JUDGEMENT

(1.) A 16-year-old rape victim who does not want to give birth to the child of a man who sexually assaulted her has approached this court through her mother seeking permission for medical termination of her pregnancy.

(2.) It is alleged that the victim while studying in the XIth standard was sexually abused by her 19-year-old lover and became pregnant. A crime was registered as Crime No.210/2024 of Edakkad Police Station, Kannur City based on the intimation from the Doctor at Pariyaram Medical College under Sec. 376 IPC and Ss. 4(1), 3(a), 3(b), 6(1), 5(j)(ii) of the POCSO Act, 2019 and Ss. 3(1)(w)(i) and 3(2) (v) of the SC/ST(PoA) Act.

(3.) The victim is now in her 28th week of pregnancy. Permission to terminate the pregnancy has been sought on the ground that the continuation of the same would adversely affect the mental and physical well-being of the victim as well as the child.