Madhya Pradesh High Court

Hardev Yadav vs The State Of Madhya Pradesh on 7 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 12441 of 2024
                                         (HARDEV YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 07-05-2024
                                 Shri Shyam Yadav - Advocate for petitioner.

                                 Shri Gajendra Parashar - Panel Lawyer for respondents/State.

It is submitted by counsel for petitioner that daughter of petitioner is a victim of rape.

However, this Court by order dated 02.11.2022 passed in CONC

No.415/2022 (Gwalior Bench) has found that after getting the pregnancy terminated the prosecutrix had turned hostile by alleging that she was not subjected to rape. Medical termination of pregnancy can be directed only if a girl was subjected to rape. Similarly yesterday i.e. on 06.05.2024 this Court has issued contempt notices in MCRC No.13995/2024 because after getting pregnancy terminated prosecutrix had turned hostile before the Trial Court and said that she was not subjected to rape.

In view of the increasing tendency of getting pregnancy terminated and thereafter, changing their version by claiming that they were not rape victims,

therefore, this Court thinks it appropriate to direct the petitioner, his wife as well as prosecutrix to file an affidavit as to whether they will stick to their stand that prosecutrix is the rape victim till the judgment is pronounced by Trial Court or there is any likelihood of resiling from their statements.

As prayed, list tomorrow (08.05.2024).

(G.S. AHLUWALIA) JUDGE