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2024 DIGILAW 690 (RAJ)

Victim v. State of Rajasthan

2024-04-26

ANOOP KUMAR DHAND

body2024
JUDGMENT : Anoop Kumar Dhand, J. The petitioner is a minor victim of rape who was subjected to sexual assault due to which she became pregnant. The First Information Report bearing No. 151/2-24 has been registered against the accused with Police Station Anantpura, Kota for the offence punishable under Sections 363, 376 of IPC and Sections 5(I)/6 of the POCSO Act, 2012. 2. The instant writ petition has been filed by the petitioner seeking permission from this Court for termination of her pregnancy, which is alleged to be of 25 weeks and 3 days. 3. To ascertain the aforesaid aspect of the matter, this Court on 25.4.2024 after hearing the Counsel for the parties and looking to the urgency in the matter, passed an order for constitution of a Medical Board for examination of the health condition of the petitioner with regard to her pregnancy. 4. In compliance of the aforesaid order, the victim was produced by the SHO, Police Station Anantpura, Kota before the Superintendent, J.K. Lon Hospital, Kota who constituted a Medical Board for examination of health condition of the victim with regard to her pregnancy. 5. Thereafter, the Medical Board gave its opinion indicating therein that the petitioner is carrying 25 weeks and 3 days pregnancy but no opinion with regard to health condition of the petitioner was given, hence under these circumstances, this Court vide order dated 25.4.2024 directed the Medical Board to give specific opinion with regard to the two following questions:- (I) "Whether carrying of pregnancy to the full term would impact upon the physical and mental well being of the minor?" (II) "Whether termination of the pregnancy can be carried out at this stage and the same would not be any threat to the life of the minor?" 6. In pursuance of the aforesaid order, the Medical Board again re-examined the petitioner and submitted the following opinion on 25.4.2024 which reads as under:- "Carrying of pregnancy to the full term would impact on the physical and mental well-being of the minor. The termination of pregnancy at this gestation would be a threat to the life of the minor." 7. In pursuance of the aforesaid order, the Medical Board again re-examined the petitioner and submitted the following opinion on 25.4.2024 which reads as under:- "Carrying of pregnancy to the full term would impact on the physical and mental well-being of the minor. The termination of pregnancy at this gestation would be a threat to the life of the minor." 7. Recently, the Hon'ble Apex Court in the case of A (Mother of X) v. State of Maharashtra & Anr., while deciding the Special Leave to Appeal (C) No. 9163/2024, decided on 2.4.2024 has allowed the pregnancy of the minor rape victim carrying pregnancy of 26 weeks. 8. After taken into consideration, the health condition of the said victim who was 14 years of age, following order was passed by the Hon'ble Apex Court in paras 10 and 11 which reads as under:- "10 The following circumstances have been borne in mind, at this stage: (i) The medical termination of pregnancy is sought in respect of a minor who is 14 years old: (ii) The pregnancy is alleged to be an emanation form a sexual assault which was resulted in the registration of a First Information Report. The FIR was recorded on 20.3.2024 beyond the period of 24 weeks envisaged in the MTP Act; (iii) The minor was unaware of the fact that she was pregnant until a very late stage; (iv) The Medical Board at Sion Hospital has clearly opined that the continuation of the pregnancy against the will of the minor "may impact negatively on physical and mental well being of the minor who is barely 14 years old"; and (v) While a certain degree of risk is involved in every procedure for medical termination, the Medical Board has opined that the threat to life of the patient if termination of pregnancy is carried out at this stage is not higher than the risk of delivery at full term of pregnancy. 11. We will further elaborate on the guiding parameters in a reasoned order which will be delivered separately. 11. We will further elaborate on the guiding parameters in a reasoned order which will be delivered separately. However, bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance and her safety, we pass the following order: (i) The judgment and order of the High Court of Judicature at Bombay dated 4.4.2024 shall stand set aside for reasons to follow; (ii) The Dean at Sion Hospital is requested to immediately constitute a team for undertaking the medical termination of pregnancy of the minor in respect of whom the Medical Board has submitted its report dated 20.4.2024; (iii) Arrangements shall be made by the State for transportation of the minor to the Hospital and for her return home after the completion of the procedure; (iv) The State has agreed to bear all the expenses in connection with the procedure and all medical expenses required in the interest of the safety and welfare of the minor; and (v) Post-termination, if any further medical care is required, this may been sured in the interest of the minor." 9. Following the above order passed by the Hon'ble Apex Court in the above matter and looking to the report furnished by the Medical Board and looking to the tender age of the petitioner i.e. 16 years who is a rape victim and became pregnant due to sexual assault committed by the accused person and looking to the opinion given by the Medical Board that carrying pregnancy of full term would impact the physical and mental well-being of the minor, this Court deems it a fit case to grant permission to the petitioner to terminate her pregnancy. 10. In view of the above factual aspect of the matter, this writ petition stands disposed of with direction to the respondent to take immediate steps for termination of pregnancy of the petitioner, keeping in mind all safety measures during the procedure, to be undertaken at J.K. Lon Hospital, Kota. 11. Counsel for the respondent is directed to inform the Superintendent, J.K. Lon Hospital, Kota to do the needful immediately. 12. The Superintendent, J.K. Lon Hospital, Kota is further directed to retain the blood, coud and fetus reserve for the purpose of DNA and forensic science report analysis and handover the same to the Investigating Officer as and when desired for the above purpose. 13. 12. The Superintendent, J.K. Lon Hospital, Kota is further directed to retain the blood, coud and fetus reserve for the purpose of DNA and forensic science report analysis and handover the same to the Investigating Officer as and when desired for the above purpose. 13. The petitioner shall forthwith present herself before the authorities at J.K. Lon Hospital, Kota for the procedure to be undertaken. 14. With the aforesaid observation, the writ petition stands disposed of. Stay application and all pending applications, is any, also stand disposed of. 15. The report furnished by the Medical Board dated 25.4.2024 is ordered to be taken on record. 16. A Copy of this order be given to the counsel for both the parties under the seal and signature of the Court Master for necessary compliance.