NIKHIL KUMAR GHORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred for quashing the Special Court Case No.05/2018 pending before the Court of Learned Special Judge under protection of children from Sexual offences Act, 2012 (in short POCSO Act) arising out of Darjeeling Sadar Women Police Station Case No.01/2018 dtd. 2/3/2018 under Ss. 6/17 of the POCSO Act and added Ss. 314/315 of the Indian Penal Code read with Sec. 5(3) of the Medical Termination of Pregnancy Act, 1971.

(2.) The petitioner contended that the petitioner is the senior most Gynecologist in the District Hospital, Darjeeling and he tried to save the life of a minor girl aged about twelve years by aborting her in the District hospital having due consent of her relative, who got pregnant due to commission of rape by one of her close relative.

(3.) One Mousam Rai, who is the uncle of the victim girl lodged a written complaint on 2/3/2018 alleging that he went to Delhi due to economic/financial hardship, leaving the victim girl in the custody of his sister and brother-in-law. Due to continuous rape committed on the victim girl by his brother-in-law, Mr. Sishan Rai, the victim girl became pregnant and she was carrying for almost six months. When defacto complainant came to learn about the incident he returned immediately. He reached Darjeeling on 28/2/2018 and after return he came to know that his sister and brother-in-law consulted the doctor and it was alleged that the complainant thereafter met the doctor and came to learn that the victim child may loss her life unless she is aborted immediately and on hearing the caution made by doctor and also seeing the condition of the victim, he signed a paper. However, the complainant requested the police to take action against the accused persons and punish them as per the provision of law. The said complaint was received by Sadar Women Police Station, Darjeeling on 2/3/2018.