Bombay High Court
Punam Jabbar Yadav Thr. Next ... vs The State Of Maharashtra, Thr. ... on 30 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 wp598.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 598/2021
Ms. Punam Jabbar Yadav,
Aged about 17 years, Occ. Student,
R/o. Ward No. 5, Valni, Nagpur
Presently at Govt. Girls Hostel, Katol
Road, Nagpur, through next friend
paternal uncle (Kunal Ramsagar Yadav)
.... PETITIONER
// VERSUS //
1] State of Maharashtra,
Through its Police Station Officer,
Police Station Khaparkheda, Tq. Saoner,
Dist. Nagpur
2] Dean, Indira Gandhi Govt. Medical College
& Hospital,
Central Avenue, Nagpur
3] The Warden, Govt. Girls Hostel,
Katol Road, Nagpur
.... RESPONDENT(S)
*************************************************************************
Shri Adil Mirza, Advocate for the petitioner
Shri S.S. Doifode, APP for the respondent/State
*************************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
AUGUST 30, 2021
ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)
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Judgment 2 wp598.21.odt
1] RULE. Rule made returnable forthwith. Heard finally by consent
of the parties.
2] The petition is filed by the victim through her paternal uncle for
the following reliefs :-
"i) direct the respondent no. 2 (IGGMC) forthwith to complete
the procedure of termination of pregnancy of the petitioner as
per the procedure of law under supervision of medical experts;
ii) direct the respondent no.. to remain present and to take
necessary steps for DNA profiling & collection of other necessary
medical samples of the petitioner and fetus for the purposes of
investigation in respect of FIR Crime No. 280/2021."
3] On the basis of report lodged by the petitioner/victim, a crime
was registered against three accused persons at Police Station Khaparkheda,
Dist. Nagpur vide Crime No. 280/2021 on 25/06/2021 for the offences
punishable under Sections 376(2)(n), 323 & 506 of the Indian Penal Code
and under Sections 5(1), 6 & 17 of the Protection Of Children From Sexual
Offences Act, 2012. It is reported to this Court that two accused are arrested
and accused no. 1 - Anil Kumar Shrivastava is absconding.
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Judgment 3 wp598.21.odt
4] Be that as it may, due to the sexual assault on the victim by the
accused persons, she became pregnant. The petition is filed for termination of
the forced pregnancy upon the victim (a minor). This Court issued order
initially on 24/08/2021. On the said day, it was informed to this Court by the
learned advocate for the petitioner/victim that the victim was required to be
admitted in IGGMC, Nagpur since her health was deteriorating. On
24/08/2021, the respondent no. 2 was directed by this Court to constitute the
Medical Board consisting of Gynecologist, a Lady Doctor, an Anesthetist etc. to
examine the victim and submit written report to this Court through the learned
APP as to whether termination of the pregnancy is feasible or not.
5] On 27/08/2021, learned APP submitted the report which was
taken on record and marked as 'X' with the following opinion :-
"1. Medical Termination of Pregnancy (MTP) can be done with
due risk as gestational age (19 weeks and 4 days) falls within
permissible limits of Medical Termination of Pregnancy Act.
2. Before undergoing MTP fitness from Physician and
Anaesthesiologist will be required."
6] After going through the Committee's opinion, it was noticed by
the Court that the Medical Board has not given clear finding as to whether
termination of the pregnancy is feasible or not. Therefore, vide order dated
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Judgment 4 wp598.21.odt
27/08/2021, the respondent no. 2 was directed to give clear opinion about the
feasibility of termination of the pregnancy of the petitioner.
7] Accordingly, today the learned APP handed over the Committee's
Report dated 27/08/2021 which is taken on record and marked as 'X1' for the
purposes of identification. The report would show that the Board was
constituted of the following Doctors :-
"1. Dr. P.A. Uikey, Professor and Head, Department of Obstetrics
and Gynaecology, IGGMC, Nagpur
2. Dr. A.M. Patankar, Associate Professor, Department of
Obstetrics and Gynaecology, IGGMC, Nagpur
3. Dr. K.V. Kedar, Associate Professor, Department of Obstetrics
and Gynaecology, IGGMC, Nagpur
4. Dr. Sonali Khobragade, Associate Professor, Department of
Anaesthesiology, IGGMC, Nagpur"
8] After examining the victim and taking into consideration the
parameters of the victim, the Committee has expressed the following opinion:-
"1. Medical Termination of Pregnancy (MTP) is medically
feasible.
2. Patient is fully investigated as of now and is fit for MTP from
Anesthesia and physician point of view with due risk."
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Judgment 5 wp598.21.odt
9] In view of the aforesaid opinion, we pass the following order :-
(a) The writ petition is allowed.
(b) The respondent no. 2 is directed to terminate the forced
pregnancy of the petitioner/victim immediately.
(c) The respondent no. 2 shall also take necessary steps for
DNA profiling and preserving necessary samples
including the fetus.
(d) The Investigating Officer of Crime No. 280/2021
registered with Police Station Khaparkheda shall
immediately seize the samples and shall keep the same in
properly sealed condition and shall forward the same to
the Chemical Analyzer urgently.
(e) The pregnancy can be terminated urgently because the
petitioner/victim is already an indoor patient of the
respondent no. 2/Hospital.
10] With this, the writ petition is allowed and disposed of. Pending
application(s), if any, stand(s) disposed of.
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11] Learned APP is directed to communicate this order to the
respondent nos. 1 and 2 immediately.
Steno copy of this order, duly authenticated by Court Sheristedar,
be issued to the learned Additional Public Prosecutor to act upon.
(JUDGE) (JUDGE)
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