PROSECUTRIX X Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Court has received a closed envelope from the Office of Advocate General. It is opened in the court which contains the report of doctors.

(2.) The record indicates that on 25/5/2025 an FIR was lodged by the father of the victim stating therein that she was missing from the house. The victim is aged about 17 years. On being recovered, her statement was recorded and thereafter an FIR for the offences punishable under Ss. 137(2) and 64 of BNS and Sec. 5 (2J), 6 of the Protection of Children from Sexual Offences Act, 2012 was registered against the accused. The father of the victim has made an application to the police station for seeking termination of pregnancy of the victim on the ground that his daughter is a rape victim. The victim was minor at the relevant time when the incident has taken place. The police authorities thereafter referred the matter to the learned Trial Court. The learned Trial Court has taken cognizance on the application and call for the report of the Medical Board so as to ascertain whether the pregnancy of the victim can be terminated or not. However, as the learned Trial Court is not having jurisdiction to entertain such application under the provisions of the Medical Termination of Pregnancy Act, 1971, therefore, the learned Trial Court has transferred the matter to this Court along with relevant documents by placing reliance upon the order dtd. 20/2/2025 passed by the Division Bench of this Court in Writ Petition No.5184/2025 (In Reference (suo motu) Vs. State of M.P. and others).

(3.) It is pointed out that the victim is carrying 17 weeks and 6 days of pregnancy. It will be very difficult for a rape victim to carry the pregnancy and will not be in the interest of the mother as the same will cause great impact on her physical and mental status as well as her status in the society, if the child is born alive. In terms of the Medical Termination of Pregnancy Act, 1971, pregnancy can be terminated upto 24 weeks subject to opinion of the Medical Board. The writ petition was registered to secure the life of the minor victim as unwarranted pregnancy may have adverse effect on her physical, mental and social status and unnecessarily she will be liable to bear the responsibility of an unwarranted child without any fault on her part. It will be very difficult for her to face the society. Thereafter, this petition was listed before this Court on 12/6/2025 and this Court vide order dtd. 12/6/2025 has directed the respondents-State to procure the report from the Medical Board regarding feasibility of termination of pregnancy and other related issues as she is a minor less than 18 years. The report is produced before this Court which shows thus: