X. NOT MENTION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This This petition has been filed under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter to be referred to as Act of 197 ') for termination of the pregnancy of the petitioner, a rape victim of 15 years and five months. According to her, she has been subjected to rape by the accused for which a case has also been registered at Crime No.481/2023 dtd. 4/6/2020. The petitioner's case is that after she was examined by the doctors, it was found that she was already having a pregnancy of 24 weeks and four days. Thus, aggrieved by such pregnancy, causing irreparable injury to her physical and mental health, coupled with the fact that she belongs to the lower strata of the society, and will not be able to maintain the child post pregnancy, the present petition has been filed for termination of the aforesaid pregnancy. Learned counsel for the petitioner has placed reliance upon judgments passed by the Hon'ble Supreme Court in the case of X.... Vs. Prinicpal Secretary Health and Family Welfare Department and another reported in 2022 SCC Online SC 905 as well as by the Bombay High Court in the case of ABC (Age and address withheld for privacy) Vs. State of Maharashtra reported in 2023 SCC Online Bom 175.

(2.) Shri Bhagwat, learned Government Advocate, has submitted that although the pregnancy can be terminated as per the report but he also has instructions that it is a high risk case. Heard. On perusal of the record it is found that the victim was examined by the Medical Board of M. Y. Hospital Indore as directed by this Court vide order dtd. 15/6/2023, and today the report dtd. 17/6/2023 has been placed on record in which it is stated that as per USG is the pregnancy is of 25 weeks and one day, and as per the report filed in Form D ' under the relevant Rules, it is mentioned that in the opinion of Medical Board for termination of pregnancy, it can be allowed with PAC (Pre Anesthetic Checkup) and PMC (Pre-Medical Checkup).

(3.) In view of the same, considering the fact that as per Sec. 3(2)(b) of the Act of 1971 since the period of pregnancy is 25 weeks and one day, i.e., hovering around 24 weeks, the delay is negligible and can be ignored, and considering the underage of the victim and the likely serious injury to her physical and mental health, and the difficulties which she is likely to face in her life if the pregnancy is allowed to be continued, it is hereby directed to the Medical Board to terminate the pregnancy of the victim. The sample of fetus/vicera be also preserved for necessary FSL/DNA examination and be sent to the FSL. Let the needful be done at the earliest. Shri Bhagwat, learned counsel for the State is also requested to ensure that the aforesaid procedure be conducted without any further difficulty to the petitioner. With the aforesaid directions, writ petition No.13395/2023 stands allowed and disposed oF.