SABRA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By way of filing this petition, the petitioner seeks issuance of directions for termination of her 17 weeks pregnancy, resulting from her rape by respondents No.6 and 7 in connivance with respondent No.5 in respect of which FIR No.146 dated 9.11.2017 under Sections 506 and 120-B of Indian Penal Code, 1860 Section 6 of the POCSO Act and Section 25/54/59 of Arms Act was registered.

(2.) The learned counsel contends that after a few months of the incident when she came to know that she was pregnant, she moved an application through her father (Annexure P-3) on 20.11.2017 to M.S. Medical Officer, H.H.K.M. College, Nalhad, District Nuh for termination of pregnancy but no action was taken by the hospital authorities. The learned counsel has submitted that since unwanted pregnancy of a minor unmarried girl would be extremely traumatic and humiliating for entire family therefore she wishes to get the same terminated. It has thus been prayed that appropriate directions be issued for termination of petitioner's pregnancy. The learned counsel cites 2017(5) R.C.R.(Civil) 1059 : 2017(5) Recent Apex Judgments (R.A.J.) 81 : 2017(4) RCR (Criminal) 49 - Tapasya Umesh Pisal v. Union of India and Ors., wherein in a case of 24 weeks pregnancy, directions were issued for medical termination of pregnancy as the Medical Board had opined that the fetus, if allowed to born, would have a limited life span with serious handicaps.

(3.) On the other hand, the learned State counsel has pointed out that as of now, the pregnancy is more than 20 weeks old and in these circumstance termination of pregnancy at this stage would incur risk to the life of the petitioner. He has further pointed out that per the record collected during investigation, the date of birth of petitioner is 16.7.1995 and thus she is not a minor, being aged about 20 years.