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2021 DIGILAW 952 (RAJ)

Victim-A v. State of Rajasthan

2021-06-14

MANOJ KUMAR VYAS

body2021
ORDER 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 dated 21.02.2021 came to be registered under Section 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 15.05.2021, 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 28.05.2021 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:- 4. Thus, the Board has opined that the pregnancy of the victim is sixteen weeks and MTP can be conducted if parents of the victim consent to it. Advice of a physician had also been recommended by the Board. 5. Learned AAG has stated that State has no objection if medical report of the victim permits safe abortion. Thus, the Board has opined that the pregnancy of the victim is sixteen weeks and MTP can be conducted if parents of the victim consent to it. Advice of a physician had also been recommended by the Board. 5. Learned AAG has stated that State has no objection if medical report of the victim permits safe abortion. Hence, in view of the above facts it is directed that copy of the medical board report be made available to the learned counsel for the petitioner-victim and further consent of the parents of the victim relating to the risk associated with the termination of pregnancy may also be recorded before the Magistrate concerned with immediate effect. Thereafter if parents of the victim give their consent in statements recorded before the concerned Magistrate, the termination of pregnancy of the victim-petitioner by a team of expert doctors to be constituted by the Superintendent, Janana Hospital, Jaipur be conducted without any further delay. This court deems it proper to direct the concerned authorities to preserve the foetus of the petitioner for the purpose of DNA test in case any need arises in future. These directions have to be implemented without any delay as any delay would be very fatal to the victim-petitioner. As per the opinion of the medical board, opinion of a physician may also be taken. The termination of pregnancy be conducted following all due safety procedures and after seeking consent of the parents by recording their statements before the concerned Magistrate as indicated above. 6. With these directions, the petition is disposed of. 7. A copy of this order under the signature of Court Master be provided to the AAG for further transmission to the authorities concerned for doing the needful immediately.