PRATIBHA DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Rahul Mishra, learned counsel for the petitioners and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondents.

(2.) The petitioners have prayed for the following reliefs :-

(3.) Learned counsel for the petitioners submits that as per the High School certificate of the first petitioner, her date of birth is 2/7/2005 and presently, she is more than 18 years old. For the first time, the second petitioner (father of the first petitioner ) came to know on 11/5/2023 that her daughter has been sexually assaulted and at the time of incident, she was minor. Consequently, the second petitioner had lodged an FIR against the accused Dileep Kumar @ Golu and the same was registered as Case Crime No.145/2023 under Ss. 363 and 366 IPC, P.S. Thariyaon, District Fatehpur on 11/5/2023. During the investigation, Sec. 376 IPC and Sec. 5/6 of POCSO Act was added against the accused Dileep Kumar @ Golu. Thereafter, the first petitioner moved an application before the District Magistrate, Fatehpur on 29/5/2023 stating that since the first petitioner was forcefully raped by the accused, therefore, they want to terminate the pregnancy of the first petitioner. She has also moved an application before the Chief Medical Officer, Fatehpur on 23/5/2023 for redressal of her grievance. It is submitted that the first petitioner is suffering from mental agony due to her pregnancy, and as such, this Court should come for rescue and reprieve the petitioners.