XXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Mother of a minor victim involved in an offence under Ss. 332(b) and 64(1) of the Bharatiya Nyaya Sanhita and Ss. 5i, 5j(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 is seeking to permit her unfortunate minor daughter to undergo Medical Termination of Pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971 and to issue consequential directions to respondents 3 and 4 to conduct such termination procedure, in accordance with law forthwith.

(2.) The accused in FIR No.263/2025 of Malayalappuzha Police Station of Pathanamthitta District made acquaintance with the victim aged 17 years through Instagram and Whatsapp, took photographs with her and under threat and coercion, subjected the minor victim to sexual intercourse during August to October, 2024 and the victim was impregnated. The petitioner contends that the minor victim is carrying for 26 weeks and 5 days and that the continuation of pregnancy is critical to the health and against the interest of the minor girl.

(3.) The petitioner states that the whole family members including the victim girl is in a state of shock over the turn of events. The victim is not mentally prepared to accept the state of affairs and deliver the child. The social isolation of a minor girl, who is subjected to brutal sexual assault, giving birth to a child is unimaginable to the victim and the family.