The Madhya Pradesh High Court has allowed the termination of a teenage rape survivor’s pregnancy of more than eight weeks, and directed her father to submit an affidavit stating that they will not resile from their accusation during the trial.
The high court passed the order on January 2, in which it allowed the minor survivor’s plea seeking termination of her pregnancy.
It directed her father to file an affidavit before Sagar district’s Chief Judicial Magistrate (CJM), mentioning that she was subjected to rape by the accused and has filed a petition to terminate pregnancy.
The petition was heard by the bench of Justice G S Ahluwalia.
As per the complaint lodged in Sagar district of the state, the girl aged about 17 years became pregnant after she was raped by an accused on October 23 last year.
Based on her complaint, an offence under Indian Penal Code (IPC) sections 376, 376 (2)(n), sections of the Protection of Children from Sexual Offences (POCSO) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, was registered, the court order said.
The court said, “It is directed that before the termination of pregnancy of the petitioner, the father of the petitioner shall submit his affidavit before the Chief Judicial Magistrate (CJM) of Sagar district to the effect that she was subjected to rape by the accused and has filed the present writ petition for medical termination of pregnancy of his minor daughter and in the light of the permission granted by this court, he is ready to get the pregnancy of his minor daughter terminated.”
The court order also said that the petitioner as well as her father shall also submit an affidavit to the investigating officer to the effect that since they have sought medical termination of the girl’s pregnancy on the allegation of rape by the accused, they would not resile from their statement even during the trial.
The order also said the trial court is directed to submit its report before the registrar general of this court along with deposition sheet of the prosecutrix in case if she turns hostile and claims that no rape was committed by the accused or she claims herself to be major.
The investigating officer is directed to obtain the certified copy of the said affidavit and shall keep the same in the case diary and shall also produce it before the medical board. Only after its production, the board shall terminate the pregnancy, the court said in the order.
The girl filed a petition through her father to seek direction from the court to permit the petitioner (a minor girl) to terminate pregnancy of eight weeks and five days in interest of justice, the court order said.
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