LAWS(MPH)-2023-9-108

PROSECUTRIX OF CRIM Vs. STATE OF MADHYA PRADESH

Decided On September 19, 2023
Prosecutrix Of Crim Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The instant petition is in respect of medical termination of pregnancy. Petitioner is rape victim/survivor but with pregnancy due to such heinous act committed over her. At present, she is having pregnancy of 24 weeks.

(2.) Learned counsel for petitioner refers the FIR registered at the instance of prosecutrix vide Crime No.138/2023 at Police Station Jaura, District Morena for offence under Sec. 363 of IPC. Later on, when she recovered then case was registered at the instance of prosecutrix for incorporation of offence under Sec. 376 of IPC along with provisions of Prevention of Children from Sexual Offences, Act. Since, she is rape survivor but with the burden of pregnancy due to such heinous act, therefore, petitioner and her family intend to get rid of such pregnancy as it amounts to grave injury to her physical or mental health. Medical report by District Medical Board convened on 19/9/2023 also indicates that petitioner can undergo medical termination of pregnancy and her other vital parameters are normal so as to sustain the procedure.

(3.) Learned counsel for respondent opposed the contentions, however, placed the report dtd. 19/9/2023 prepared at the instance of Medical Board constituted for this purpose at Kamla Raja Hospital (G.R. Medical College, Gwalior).