Madhya Pradesh High Court
Minor Prosecutrix X Through Father Shri ... vs The State Of Madhya Pradesh on 18 February, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:3583
1 WP-6030-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18th OF FEBRUARY, 2025
WRIT PETITION No. 6030 of 2025
MINOR PROSECUTRIX X THROUGH FATHER SHRI RAJENDRA
SINGH RANA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awdhesh Singh Bhadauria - advocate for the petitioner.
Shri Deepak Khot Ga appearing on behalf of Advocate General.
ORDER
By way of this writ petition under Article 226 the Constitution of
India, the petitioner is seeking following reliefs:
7(i) यह क, ाथ गण को आदे िशत कया जावे क ािथनी का अ बलंव, गभपात क
या पूण कर गभपात कराया जावे।
7(ii) यह क, ािथनी के गभपात के प ात य द जी वत ब चा ज म लेता है तो उसके
लालन पालन एवं रखरखाव क ज मेदार तथा विध अनुसार िशशु को द क दे ने के
िलए कले टर वािलयर को िनदिशत कया जावे।
7(iii)यह क, कले टर वािलयर को आदे िशत कया जावे क यािचकाकता को
स मानजनक जीवन जीने तथा वा थय क दे खरे ख के िलए 5,00,000/- पये क
आिथक मदद दान क जावे।
7(iv) यह क, याय हत म जो भी उिचत हो आदे श/िनदश जार कया जावे।
2. It is the case of the petitioner that her daughter is aged about 17
years and she was abducted by one Ansul Rana from the village on 18/19-
1/2025, and accordingly, an FIR was lodged vide Crime No.38/2025 at
Police Station Hazira under section 137 (2) of BNS. Thereafter the police
recovered the daughter of the petitioner and section 96, 64 (2) M of BNS
NEUTRAL CITATION NO. 2025:MPHC-GWL:3583
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and 5L/6 of Protection of Children from Sexual Offences Act were added
and thereafter she was sent for medical examination and it was found that she
was carrying pregnancy and she being minor and subjected to sexual
harassment didn't want to keep the child. Therefore, the petitioner who is
father of minor girl had sought termination of the pregnancy of her minor
daughter by filing the present petition.
3. As per the directives given by the Coordinate Bench of this Court
Bench at Indore in W.P.No.39431/2024 a report regarding the health and
pregnancy of the victim was called from the Medical Board of Kamlaraja
Hospital and G.R. Medical College Gwalior by the Eleventh Additional
Sessions Judge and Special Judge, Protection of Children from Sexual
Offences Act, Gwalior, according to which a report dated 11.2.2025 has
been received by this Court regarding the victim. The report dated 8.2.2025
given by the Medical Board is reproduced as under:
कायालय सूित एवंी रोग वभाग कमलाराजा अ पताल एवं गजराराजा िच क सा
महा व ालय वािलयर
बैठक दनांक 08.02.2025 का कायवाह ववरण
माननीय उ च यायालय ख डपीठ वािलयर ारा करण मांक रट प टशन न. 39431/2024
पी ड◌़ता किशश राणा पु ी राजे राणा व म य दे श शासन आ द। दनांक 12.12.2024 के
पर पालन पी डता किशश राणा व म य दे श शासन के गभपात कराने हे तु दनांक 06.02.2025 को
शाम 7:09 बजे कमलाराजा अ पताल म भत हुई है । जसके एम.ट .पी. टिमनेशन के अिभमत दे ने के
संबंध म दनांक 08.02.2025 को दोपहर 12:30 बजे मे डकल बोड क बैठक का आयोजन कया गया
है । बैठक म सभी सद य उप थत हुये। मे डकल बोड के सद य डॉ. पुिनत र तोगी, ा यापक एवं
वभागा य , का डयोलॉजी वभाग, डॉ. सोनल कुल े , भार ा यापक एवं वभागा य , सूित एवं
ी रोग वभाग, डॉ. अजय गौड ा यापक एवं वभागा य , बाल एवं िशशु रोग वभाग, डॉ. पंकज
यादव भार ा यापक एवं वभागा य , रो डयोलॉजी वभाग, डॉ. एम.एम. मु ल, भार ा यापक एवं
वभागा य , सजर वभाग, डॉ. योित यदिशनी, भार ा यापक एवं वभागा य , पैथोलॉजी
वभाग, डॉ. संजय धवले, ा यापक एवं वभागा य मे डिसन वभाग उप थत रहे । उप थत सभी
सद य ारा मर ज पी डता किशश राणा पु ी राजे राणा व म य दे श शासन मर ज का आधार
काड 820794214825 के आधार पर उ 18 वष सी.आर. मांक 250800044220 भत दनांक
06.02.2025 को पर ण कर उसक जांच को भेजा गया। पर ण कर उसक जांच को भेजा गया।
पर ण कर उसक जांच का अवलोकन कया गया। उिचत सु वधा के साथ गभपात कया जा सकता
है ।
4. This Court is dealing with the case of a girl aged about 17 years,
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who is carrying a foetus of a rapist and the girl, as well as her parents does
not want that she should give birth to the child of a rapist. Not only this, the
child will also have social stigma throughout his or her life and the girl, who
is about 17 years of age, has to deliver a child which will certainly be a life
threat to the pregnant minor girl apart from social ostracization.
5. The Supreme Court in the case of Murugan Nayakkar Vs. Union of
India & Ors. in Writ Petition (Civil) No.749/2017 by order dated 6/9/2017
has held as under:-
"The petitioner who is a 13 years old girl and a victim of alleged
rape and sexual abuse, has preferred this writ petition for
termination of her pregnancy. When the matter was listed
on28.8.2017, this Court has directed constitution of a Medical
Board at Sir J.J. Group of Hospitals, Mumbai. Be it noted, this
Court had also mentioned the composition of the team of doctors.
The petitioner has appeared before the Medical Board on 1.9.2017
and the Medical Board that has been constituted by the order of
this Court expressed the opinion that the termination of pregnancy
should be carried out. That apart, it has also been opined that
termination of pregnancy at this stage or delivery at term will have
equal risks to the mother. The Board has also expressed the view
that the baby born will be preterm and will have its own
complications and would require Neonatal Intensive Care Unit
(N.I.C.U.) admission.
We have heard Ms. Sneha Mukherjee, learned counsel appearing
for the petitioner, Mr. Ranjit Kumar, learned Solicitor General
appearing for the Union of India and Mr. Nishant R.
Katneshwarkar, learned standing counsel for the State of
Maharashtra.
Considering the age of the petitioner, the trauma she has suffered
because of the sexual abuse and the agony she is going through at
present and above all the report of the Medical Board constituted
by this Court, we think it appropriate that termination of
pregnancy should be allowed. In view of the aforesaid premise,
we direct the petitioner to remain present at the Sir J.J. Group of
Hospitals, Mumbai in the evening of 7.9.2017 so that the
termination of pregnancy can be carried out preferably on
8.9.2017. Mr. Nishant R. Katneshwarkar shall apprise the Dean of
Sir J.J. Group of Hospitals, Mumbai so that he/she can make
necessary arrangements for termination of the pregnancy. A copy
of the order passed today be handed over to learned counsel for
the petitioner and Mr. Nishant R. Katneshwarkar, learned standing
counsel for the State of Maharashtra. The writ petition is
NEUTRAL CITATION NO. 2025:MPHC-GWL:3583
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accordingly disposed of. There shall be no order as to costs."
6. In light of the aforesaid judgment, considering the age of the girl,
trauma which she has to suffer and the agony she is going through at present
and also keeping in view the medical report submitted by the Medical Board,
this Court is of the opinion that the prayer made by the petitioner and her
daughter deserves to be allowed and is accordingly allowed.
7. Since there is risk to the life of the pregnant minor girl and of grave
injury to her physical and mental health, this Court is of the opinion that it
cannot remain a silent spectator to the agony of minor undergoing torture and
has to act and take a decision. In view of such facts, this Court directs that
let an inter-disciplinary team of doctors be constituted by the Dean of G.R.
Medical College and they shall carry out the necessary procedure of
termination of pregnancy on 21st February, 2025 at 10:00 AM when the girl
(prosecutrix) and her parents shall appear before the team of the doctors and
fill necessary consent forms. It is also directed that senior doctor of the
Department of Medicine and senior doctor of the Department of Cardiology
shall examine the health condition of the girl (prosecutrix) before termination
of pregnancy of girl (prosecutrix). It is requested that Dean of G.R. Medical
College, Gwalior shall constitute team of senior and experienced doctors for
the sake of humanity. It is further directed that in terms of the law law laid
down by Division Bench of Bombay High Court in the case of Shaikh
Ayesha Khatoon Vs. Union of India, reported in 2018 SCC OnLine Bom 11,
the petitioner and her daughter shall be sensitized by the Committee/Medical
Board about the risk factors involved in the procedure and it would be open
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for the petitioner's daughter to undergo the procedure of medical termination
of pregnancy at her own risk and consequences. It is further made clear that
the doctors who have put their opinions on record shall have the immunity in
the event of occurrence of any litigation arising out of the instant procedure.
8. It is further clarified that identity of the girl shall be kept a secret
and shall not be revealed to anybody. This is being done looking to the
future of the girl. It is also directed that no legal claim can be put forth on the
team of the doctors by the girl or her parents as they have understood the
possible complications and the team of doctors will not be liable to any legal
complications arising out of such procedure. It is further directed that
relevant department in the G.R. Medical College or its associates may carry
out DNA sampling of the foetus and preserve report of such DNA sampling
to be produced before the competent Court where criminal case is pending.
9. With the aforesaid directions, this writ petition is allowed and
disposed of. No costs.
10. Let a copy of the order be provided to learned Govt. Advocate free
of cost for immediate transmission to the Dean, G.R. Medical College,
Gwalior.
E-copy/Certified copy as per rules/directions.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
