MISS AB Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ application has been filed by the petitioner under the guardianship of her father, with a prayer for a direction to the respondent no. 7, the Superintendent, Patna Medical College Hospital to terminate the pregnancy of 21 weeks 6 days (+/- two weeks) and for further directing the respondents to pay adequate compensation, since the petitioner is suffering from grave mental and physical trauma as she conceived after being sexually assaulted. Paragraph 1 of the writ application contains the prayer, which is as follows:

(3.) The factual matrix of the case would unveil the background in which the prayer for medical termination of pregnancy and payment of compensation have been prayed for. The petitioner submitted a written report on 24.10.2017 at 2.30 P.M. to the S.H.O., Mashrak Police Station, to the effect that the petitioner, being aged about 17 years, resides at her native village with her grand parents and mother, while the father used to earn his livelihood by doing some private job in Bombay. On one occasion, the mother and sister of the petitioner went to her maternal uncle's house, while the petitioner stayed back in her house along with her grand parents. On 3.8.2017 at 9 P.M. the informant-petitioner was sleeping in her courtyard on a cot when co-villager Vikash Sah, son of Bhikhari Sah, aged 22 years entered into her house but, in the meantime, the petitioner woke up and tried to raise alarm, whereupon the accused placed a knife on her neck and threatened of dire consequences after gagging her. On the point of knife, Vikash Sah ravished her and threatened to kill her, if she dared to disclose about the incident to anyone else. It is further alleged that out of fear and being threatened by the accused, the petitioner did disclose about the incident to anyone, but subsequently she informed her father at Bombay, who came and went to the house of the accused, to protest against the incident, whereupon the father of the petitioner was driven out of the house, while rebutting the accusation. Consequently, the petitioner along with her father went to the police station and submitted the written report.