PROSECUTIRIX X Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On 26/12/2024 a report was received from Special Judge POCSO, Banda, Sagar refereeing the request of Police Station Behrol, District Sagar for medical termination of pregnancy of the prosecutrix on request of family members of prosecutrix in view of the order passed in W.P. No.39431/2024, dtd. 12/12/2024.

(2.) On 26/12/2024 medical report was sought from the concerned Hamidia Hospital, Bhopal and case was directed to be posted for today i.e. 27/12/2024. Today medical report of Board consisting of 08 Doctors has been received in Form-D vide S.No.2287-88, dtd. 27/12/2024. It has been opined in medical report that live fetus is of 32 weeks and 06 days. In paragraph 6 of Form-D it has been opined by the Medical Board that termination of pregnancy in normal course is :DENIED and hence medical termination cannot be performed as per Medical Termination of Pregnancy (Amendment) Act, 2021 whereby normal period for termination of medical pregnancy is upto 24 weeks, but it is also mentioned that in case of permission or order by the Court such termination can be performed with all the explained risk of anticipated and unanticipated complications related to termination or continuation of such high risk teenage pregnancy. It is also mentioned that termination of pregnancy at this gestational age and continuation of pregnancy, both carries risk of complications.

(3.) It is submitted by learned Government Advocate that prosecutrix/victim of sexual offence in FIR No.234/2024, Police Station- Behrol, District Sagar for offence punishable under Sec. 376(2)(f), 376(2)(n), 376(3), 506 of IPC and Sec. 5(n), 5(l)/6 of POCSO Act, is aged about 16 years.