DHARMENDRA Vs. STATE OF MADHYA PRADESH & OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court seeking permission/direction for termination of pregnancy of her minor daughter.

(2.) The daughter of the petitioner is a rape victim. She lodged an FIR No.90/2008 dated 11.06.2018 at Police Station Jetapur, District Khargone. The accused was arrested under Section 363, 366 (A), 376 of IPC and 3/4 of Protection of Children from Sexual Offences Act. The statement of the prosecutrix has been recorded under Section 64 of the Cr.P.C. Because of that unfortunate incident, she became pregnant and as on 14.06.2018, the life of fetus was 23 weeks and six days. Since, the life of fetus has exceeded 12 weeks, therefore, under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter referred as "Act of 1971") the doctors have restrained themselves to terminate the pregnancy, Hence, the petitioner has approached this Court by way of writ petition as victim do not want to continue with pregnancy.

(3.) By order dated 22.06.2018 this Court has directed Government Advocate to seek instructions. Thereafter, vide order dated 02.07.2018, the Team of Doctors of M.Y. Hospital were directed to examine the health condition of the daughter of the petitioner and submit the report whether the pregnancy can be terminated at this stage. The daughter of the petitioner was examined by the Team of Doctors Dr. Anupama Dave, Dr. Ranjana Patil and Dr.Deepa Joshi. Thereafter, they submitted a joint report to the Superintendent of M.Y. Hospital recommending termination of pregnancy. The report is reproduced below: