HARJIT KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The facts in brief, which need to be noticed are that the petitioner, an unmarried girl of about 20 years, alleges repeated sexual assaults by Angrej Singh, Gurlal Singh and Hira Singh. She further alleges that due to the aforesaid acts, she became pregnant. With regard to the above allegations, the petitioner has lodged an FIR under Sec. 376 -D IPC being FIR No. 93 dated 10.12.2015 in Police Station Chohla Sahib, District Tarn Taran. After the lodging of the aforementioned FIR, through an application moved before the Judicial Magistrate 1st Class, Tarn Taran, the petitioner prayed that she be allowed to terminate her pregnancy. After relying upon the relevant provisions of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as - the Act), the same was dismissed, giving her a cause to approach this Court through the present petition.

(2.) I have heard learned counsel for the petitioner and perused record of the case with his able assistance.

(3.) It is undisputed that the Judicial Magistrate 1st Class, Tarn Taran, before dismissing the application filed by the petitioner, had sought a report from a Senior Medical Officer, Tarn Taran to the extent whether it would be medically feasible to order termination of the petitioner's pregnancy. As per the report of the Doctor, it was opined that as on 20.11.2015, the petitioner's pregnancy was of 24 weeks and it was not feasible, at that stage, to abort.