X Vs. STATE OF ODISHA

JUDGEMENT

(1.) "Justice is the sum of all moral duty" as observed by William Godwin who is considered to be one of the first exponents of utilitarianism, justly articulates the relevance in the present case. The Courts are duty bound to come to the rescue of the victims and alleviate their mental agony and suffering especially in cases where there is a lacuna in the law. Interpreting law in a contemporary legal perspective may be necessary to do complete justice in each case. The present petitioner seeks to assail the order dtd. 9/7/2021 passed by the Ld. S.D.J.M., Banki in G.R Case No. 137 of 2021 under Sec. 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as "the MTP Act" for brevity). Aggrieved by the order, the present petitioner, has approached this Court by way of present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for brevity).

(2.) Shorn of unnecessary details, the substratum of the matter presented before this Court states that the petitioner is a resident of Vill- Bania, P.S- Baideswar, Dist- Cuttack. On 14/4/2021, the petitioner while returning to her house was gagged in the mouth by a towel and she was forcibly taken away to the nearby school. Thereafter, the accused persons forcibly committed rape on her and threatened to kill in the event she spoke about the act to her family members or police.

(3.) The petitioner lost her senses and narrated her ordeal to her father after returning home. The petitioner's father intimated the village gentry about the said incident and consequently, a FIR was lodged in Baideswar Police Station. Pursuant thereto, the IIC of Baideswar Police Station registered the FIR against the present proforma Opp. Party Nos. 4 to 8 for commission of offence u/s 376-D, 506 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity).