MISS PROSECUTRIX Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the following reliefs :

(2.) It is submitted by learned counsel for petitioner that on the report lodged by the petitioner respondent No.3 has filed charge sheet against Avesh Dhakad, whereas has filed closure report against other co-accused persons. Because of the rape committed by accused persons, the petitioner has become pregnant and as per the medical advice, the termination of pregnancy is not safe and therefore, the present petition has been filed for seeking medical help as well as financial help apart from DNA test. According to petitioner herself, termination/abortion is not safe, therefore unless and until the petitioner gives birth to a child, the DNA test of the child cannot be directed to be conducted. Accordingly, counsel for the petitioner seeks permission of this Court to withdraw relief No.(iii).

(3.) So far as relief No.(ii) is concerned, it is fairly conceded by learned counsel for the petitioner that there are several State Schemes for providing medical facilities to the poorer sec. of the society. It is further submitted that there are certain Schemes of the State Government for providing financial assistance to the victims who are members of the Scheduled Castes and Scheduled Tribes. However, it is submitted that the petitioner, who is a member of the Scheduled Caste/Scheduled Tribe, has not approached the Collector for providing the medical facilities as well as financial assistance. Accordingly, it is submitted that the petitioner shall make a representation to the Collector, Gwalior for providing medical assistance under the scheme for which the petitioner is eligible. It is further submitted that for the purpose of financial assistance the petitioner may be granted liberty to approach the Collector after the evidence is recorded.