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2021 DIGILAW 946 (RAJ)

Victim v. State of Rajasthan

2021-06-07

CHANDRA KUMAR SONGARA

body2021
ORDER 1. Instant miscellaneous petition under Section 482 of Cr.P.C. has been preferred by the petitioner/victim of sexual abuse aged seventeen-years through her natural guardian mother - Smt. Lali Luhar, seeking direction for termination of her pregnancy, as she no longer intends to continue with unwanted pregnancy. 2. A Co-ordinate Bench of this Court vide order dated 01.06.2021 had directed the S.H.O. Police Station, Brahampuri, Jaipur City (North) to procure medical examination report of the petitioner/ victim from the Medical Board regarding risk involved in termination of pregnancy of the petitioner/victim. 3. In compliance of the aforesaid order dated 01.06.2021, the medical examination report of the Medical Board, S.M.S. Hospital, Jaipur, vide letter No.898 MB/Chiswa/2021 dt.04.06.2021, has been placed before this Court and the same is taken on record. 4. The Opinion of the Medical Board reads as under :- "The pregnancy of the above said victim the fetus is about 19 to 20 weeks. Medical Termination of Pregnancy can be done within 24 weeks of pregnancy. No significant abnormality/clinical finding except Anemia found on medical examination of victim as regards to risk for Medical termination of Pregnancy. However, termination of pregnancy may have adverse effects and risk on the physical health of the mother." 5. Learned counsel appearing for the petitioner/victim has placed reliance upon the order passed by a Co-ordinate Bench of this Court in the case of Minor P Vs. State of Rajasthan & Others (S.B. Criminal Miscellaneous Petition No.2850/2021) decided on 20.04.2021, wherein permission was granted for termination of pregnancy of a term of 24 weeks. 6. As per Section 3 (4) (a) of the Medical Termination of Pregnancy Act, 1971, no pregnancy of a woman, who has not attained the age of eighteen-years, shall be terminated except with the consent in writing of her guardian. As per Explanation 2 of Sub-Section (2) of Section 3 of the Act, when the pregnant woman alleges that pregnancy is caused by rape, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. 7. Heard learned counsel appearing for the petitioner/victim and learned Public Prosecutor appearing for the State and considered the material made available on record. 8. 7. Heard learned counsel appearing for the petitioner/victim and learned Public Prosecutor appearing for the State and considered the material made available on record. 8. The petitioner/victim of impugned F.I.R. No.0282/2021 registered at Police Station Brahampuri District Jaipur City (North) for offences punishable under Sections 376 and 354 of I.P.C. and under Section 7/8 of the Protection of Children From Sexual Offences Act, 2012, is a minor girl of seventeen-years of age, who was subjected to rape and anguish caused by such unwanted pregnancy, may be presumed to constitute a grave injury to the mental health of the minor petitioner/victim. 9. Accordingly, the present petition is allowed. The Chief Medical & Health Officer, Jaipur Metropolitan, Jaipur is directed to constitute a team of Gynecologists, who after obtaining the consent of petitioner/victim & her guardian in writing and looking to the advance stage and the physical health of the petitioner/victim, to get the pregnancy terminated at the earliest, if medically possible. The fetus, so removed should be preserved for the purpose of D.N.A. testing & be handed over to the Investigating Officer for that purpose. Looking to the facts & circumstances of the case, a direction is also issued to the Secretary, District Legal Services Authority, Jaipur Metropolitan-II, Jaipur to provide compensation, as per Rules to the petitioner/victim minor girl under the provisions of the Rajasthan Victim Compensation Scheme, 2011. Registrar (Judicial) of this Court is directed to send a copy of this order to the Chief Medical & Health Officer, Jaipur Metropolitan, Jaipur, concerned S.H.O. P.S. Brahampuri District Jaipur City (North) and Secretary, District Legal Services Authority, Jaipur Metropolitan-II, Jaipur through Fax immediately for compliance.