Xxxx vs S.H.O.Palode
2021 Latest Caselaw 12721 Ker

Citation : 2021 Latest Caselaw 12721 Ker
Judgement Date : 3 June, 2021

Kerala High Court

Xxxx vs S.H.O.Palode on 3 June, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                        WP(C) NO. 11416 OF 2021
PETITIONERS:
0



                XXXX     (VICTIM)


                BY ADV K.ANILA (K/1117/2006)-11012


RESPONDENTS:

            1   S.H.O.PALODE,
                THIRUVANANTHAPURAM RURAL, PIN-695 562
            2   DISTRICT MEDICAL OFFICER,
                NEDUMANGAD,
                THIRUVANANTHAPURAM, PIN-695 541
    ADDL.   3   THE SUPERINTENDENT,
                SAT HOSPITAL, TRIVANDRUM.

                (ADDITIONAL R3 IS SUO MOTU IMPLEADED AS PER ORDER
                DATED 26/05/2021 IN W.P.(C) No.11416/2021)

                GOVERNMENT PLEADER SMT. PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP                FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME                DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11416/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioner is a victim of sexual offence. Crime

No.570/2021 has been registered in Palode Police Station,

Thiruvananthapuram Rural under Sections 376(2), 376(2)(f)

and 376(2)(n) IPC and Sections 4, 3, 6, 5(j)(ii), 5(l), 5(n) of the

Protection of Children from Sexual Offence Act, 2012.

2. Due to the offence, the victim is at present 14

weeks (98 days) pregnant. The undesired and unwanted

pregnancy has worsened the physical health of the victim and

the victim is being subjected to continuous mental trauma. In

the circumstances, the victim has filed this writ petition

through her mother, seeking to direct the 2 nd respondent to

conduct Medical Termination of Pregnancy of the petitioner.

3. Heard learned counsel for the petitioner and

learned Government Pleader representing the respondents. WP(C) No.11416/2021

4. Ext.P1 FIR would disclose the unfortunate

circumstances under which the victim is forced to approach

this Court. Ext.P3 Cardiac Activity OBS Scan (TAS) Report

would evidence that foetal cardiac activity is clearly visualised

on examination and a single live intrauterine embryo of

gestational age 10 weeks one day as per biometry has been

noted.

5. When this writ petition came up, this Court passed

an interim order on 26.05.2021 impleading the

Superintendent, SAT Hospital, Thiruvananthapuram, suo

motu as additional 3rd respondent. The additional 3rd

respondent was directed to convene a Medical Board for

examination of the petitioner.

6. The Medical Board so constituted consisted of the

following members:

"1. Dr. Susan Uthup, Superintendent, SATH, Government Medical College, Trivandrum.

2. Dr. Sreekumari R, Prefessor & Head, Department of O & G, SAT Hospital, Government Medical College.

WP(C) No.11416/2021

3. Dr. Adma Harshan, Associate Professor, O6 unit Chief, Department of O & G, SAT Hospital, Government Medical College.

4. Dr. Priyasree J., RMO, Gynaec, SAT Hospital, Government Medical College, Thiruvananthapuram.

5. Dr. Mili Babu, Associate Professor, Department of Psychiatry, Government Medical College."

The Medical Board noted that the petitioner had multiple

episodes of vomiting symptomatically managed and the victim

was taken to DH, Nedumangad. The victim was detected to

be UPT positive and POCSO registered at DH, Nedumangad.

The petitioner was brought to the SAT OPD on 29.05.2021.

7. After medical examination, the Board came to the

following conclusion:

"17 year, primi gravida, T 1 POG, 16 weeks, 6 days (POCSO). Patient and mother are insisting for Medical Termination of Pregnancy, so decided for the same considering the mental health of the patient. The chances of hysterotomy and need for blood transfusion explained to the mother and patient."

8. It is evident that the petitioner is only 17 years old

and happened to bear an unwanted pregnancy consequent to

a cruel criminal offence. It is evident that the petitioner is WP(C) No.11416/2021

suffering physically and mentally. The Medical Board

consisting of expert Doctors has submitted its report dated

31.05.2021 has advised MTP considering the physical and

mental health of the victim.

In the circumstances, the writ petition is allowed

and the 2nd respondent is directed to conduct Medical

Termination of Pregnancy on the petitioner, taking all

precautions and in the presence of requisite team of Doctors

and supporting paramedical staff, at the earliest.