VICTIM A Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India. It has been submitted on behalf of the victim-petitioner represented through her natural guardian (father) that father of the petitioner lodged a complaint before SHO, Police Station Muhana, Sanganer, District Jaipur on which FIR No.62/2021 dtd. 21/2/2021 came to be registered under Sec. 143, 363 of IPC. From a bare perusal of the contents of the FIR it is crystal clear that the petitioner was sexually assaulted and raped by the accused persons and age of the petitioner is around 17 years. After recovery of the detenue when the parents of the petitioner went to the local doctor, wherein it was disclosed that petitioner was pregnant of about 15 weeks. The medical examination of the petitioner was conducted on 15/5/2021, wherein, it has been confirmed that petitioner is pregnant and the foetus is of about fifteen weeks. The victim is a minor girl, who was brutally assaulted sexually by the accused persons against her will, which resulted into pregnancy of the petitioner. Hence it is prayed that the writ petition may be allowed and by an appropriate direction, permission may be granted to abort the foetus of around fifteen weeks of the petitioner due to sexual assault and authorities may be directed to do the needful in this regard.

(2.) On 28/5/2021 this Court had directed that the victim shall be presented before the Superintendent of the Janana Hospital, Jaipur, who will examine and submit her report whether the life of the victim is safe, if abortion is conducted.

(3.) In compliance of the direction of this Court, Medical Board was constituted by the Superintendent Janana Hospital, Jaipur. The report of the Medical Board reads as under:-