PROSECUTRIX X Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In pursuance to the letter addressed to the Registrar General dtd. 11/10/2025 as per directions issued by the Division Bench of this Court in the case of In reference (suo moto) vs State of M.P. : Writ Petition No. 5184 of 2025 decided on 20/2/2025, cognizance was taken and the letter was treated as suo moto petition. Accordingly, this writ petition came up for consideration before this Court.

(2.) The facts of the case, in substance, are that the prosecutrix is minor aged around 15 years. It is alleged that she was sexually assaulted and raped by accused against which an FIR has been registered in Crime No.584 of 2025 for the offence under Ss. 137(2), 64, 64(2)(M), 65(1) of the BNS and Ss. 5(J)/6, 5(J)(II)/6 of POCSO Act. During medical examination, the victim was found to be pregnant of 27 weeks 2 days.

(3.) It is submitted that the petitioner being a rape victim, is having every right to get the termination of her pregnancy. The opinion of the Medical Board is produced before this Court, the relevant extracts read as follows :