Prosecutrix Of Crime No 243/2023 ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 20125 MP

Madhya Pradesh High Court

Prosecutrix Of Crime No 243/2023 ... vs The State Of Madhya Pradesh on 30 November, 2023

Author: Anand Pathak

Bench: Anand Pathak

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                 ON THE 30 th OF NOVEMBER, 2023
                  WRIT PETITION No. 29154 of 2023

BETWEEN:-
PROSECUTRIX OF CRIME NO 243/2023 THROUGH HER
FATHER GAJRAJ SINGH BHEEL S/O SHRI BALDEV
SINGH BHEEL, AGED ABOUT 47 YEARS, OCCUPATION:
AGRICULTURIST SUMERI JAMNER GUNA (MADHYA
PRADESH)

                                                           .....PETITIONER
(BY SHRI DEVENDRA SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY DEPARTMENT OF
      HEALTH AND FAMILY WELFARE, VALLABH
      BHAWAN, BHOPAL (MADHYA PRADESH)

2.    CHIEF MEDICAL AND HEALTH OFFICER GUNA
      (MADHYA PRADESH)

3.    GAJRA RAJA MEDICAL COLLEGE THROUGH ITS
      DEAN, GAJRA RAJA MEDICAL COLLEGE,
      GWALIOR GWALIOR (MADHYA PRADESH)

4.    OFFICE OF CIVIL SURGEON CUM CHIEF
      HOSPITAL SUPERINTENDENT, GUNA, DISTRICT
      GUNA (M.P.)

5.    STATION HOUSE OFFICER, POLICE STATION
      JAMNER, GUNA (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI RAVINDRA DIXIT - GOVERNMENT ADVOCATE                     FOR
RESPONDENTS NO.1, 2, 4 AND 5)
(BY MS. NIDHI PATANKAR - ADVOCATE FOR RESPONDENT NO.3.)

      This petition coming on for admission this day, th e court passed the
following:
                                    2
                                    ORDER

1. The present petition under Article 226 of the Constitution has been preferred at the instance of prosecutrix/petitioner through her natural guardian (father) seeking direction for constitution of Medical Board and after medical examination of petitioner, medical termination of pregnancy of petitioner.

2. Learned counsel for petitioner referred the FIR registered at the instance of prosecutrix vide Crime No.243/2023 at Police Station Jamner, District Guna for offence under Section 363 of IPC. Later on, when she recovered then case was registered at the instance of prosecutrix for incorporation of offence under Section 376 of IPC along with provisions of

Prevention of Children from Sexual Offences, Act. Since, she is rape survivor but with the burden of pregnancy due to such heinous act, therefore, petitioner and her family intend to get rid of such pregnancy as it amounts to grave injury to her physical or mental health. Medical report by District Medical Board convened on 24.11.2023 also indicates that petitioner can undergo medical termination of pregnancy and her other vital parameters are normal so as to sustain the procedure.

3 . It is the submission of the learned counsel for the petitioner that Section 3 of the Medical Termination of Pregnancy Act, 1971 prescribes the procedure, therefore, in view of the above section and the judgments of Apex Court in the case of Murugan Nayakkar Vs. Union of India and others (Writ Petition (Civil) No.749/2017), Shaikh Ayesha Khatoon Vs. Union and others reported in 2018 SCC Online Bom. 11 and in the case of Mukesh Patidar Vs. State of M.P. (Writ Petition No.7701/2018 and X (Minor) through her mother Madhu Vs. State of M.P. and others (Writ Petition No.5521/2020), the case of petitioner may be considered for

termination of pregnancy.

4. Learned counsel for respondents opposed the contentions, however, placed the medical report dated 24.11.2023 prepared at the instance of Medical Board which indicates that prosecutrix is carrying 14 weeks of pregnancy and as per Section 3 of the Medical Termination of Pregnancy Act, 1971, her medical condition is suitable and can be taken care of for termination.

5. Heard the rival submissions of the learned counsel for the parties and perused the documents appended thereto.

6. This is a case where minor has preferred this petition through her natural guardian (father) for medical termination of her pregnancy. As per allegation which reflects from the FIR vide Crime No.243/2023 that prosecutrix was kidnapped and thereafter rape was committed, but on close scrutiny and the judgment of Apex Court in the case of X Vs. The Principal Secretary Health and Family Welfare Department and another reported in 2022 SCC Online 1321 in which Apex Court dealt with the said issue in detail and considering all the facets of the subject, such type of cases for termination of pregnancy were permitted in safe and hygienic atmosphere.

7. On due consideration, looking to the nature of allegations and report o f District Medical Board, it is apposite that petitioner be allowed to undergo termination of pregnancy under safe and hygienic conditions as contemplated

by the Act of 1971 and the Medical Termination of Pregnancy Rules, 2003. Needful be done as early possible preferably on or before next week at G.R. Medical College (Kamla Raja Hospital) Gwalior.

8 . District Medical Board shall do the needful and the Government Advocate Shri Ravindra Dixit shall cooperate in this regard with the District Medical Board and it would be the duty of the learned counsel for the petitioner

to cause appearance of petitioner before the Medical Board/Hospital as and when required.

9 . Accordingly, petition stands allowed and disposed of with aforesaid observations.

(ANAND PATHAK) JUDGE Ashish*

ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF

H MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=bf81a9adb1da24e4bc7b 5195154c3d4de08c6bb9303e52e2

CHAU e7e728d9bac85bd3, postalCode=474001, st=Madhya Pradesh, serialNumber=A926F3CBF979ECA 6A4C477577EEDBA3AB4F94593A 930B98DAE1B0AD16F90B5FD,

RASIA cn=ASHISH CHAURASIA Date: 2023.12.01 17:44:43 -08'00'