Madhya Pradesh High Court
Prosecutrix X vs The State Of Madhya Pradesh on 16 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-JBP:2018
1 WP. No. 1671 of 2025
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 16th OF JANUARY, 2025
WRIT PETITION No. 1671 of 2025
PROSECUTRIX X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for the petitioner.
Shri Anubhav Jain - Government Advocate for respondent/State.
ORDER
This reference has been received from the court of Principal District Judge,
Betul, for medical termination of pregnancy of 'X' who is victim of rape in Crime
No.251/2024 registered at Police Station Ranipur, District Betul, for offences
under Sections 64(2)(m), 251(2) of BNS, 2023.
2. It appears that on 03.01.2025, JMFC, Betul, directed the CMO to medically
examine the prosecutrix. The report was submitted by CMO on 09.01.2025 and it
was found that the prosecutrix is pregnant and accordingly on 09.01.2025, the
JMFC, Betul, observed that recommendation may be obtained from the Medical
Board for medical termination of pregnancy and the matter be placed before the
High Court in the light of judgment passed by a co-ordinate Bench of this Court
in the case of Seema Bai Vs. The State of M.P. and others decided on
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12.12.2024 in WP. No.39431 of 2024 (Indore Bench). Accordingly, the matter
has been forwarded by the Principal District Judge, Betul, by his PUD dated
11.01.2025.
3. Heard learned counsel for the State.
4. Along with the PUD, report of Medical Board has also been annexed in
which it is mentioned that although pregnancy of prosecutrix has exceeded 24
weeks but medical termination of her pregnancy is possible because according to
the psychiatrist the prosecutrix is suffering from Mild Intellectual Disability and
accordingly the prosecutrix was declared fit for medical termination of pregnancy
by the Medical Board. A co-ordinate Bench of this Court in the case of Seema
Bai (supra) has held as under:
15. Hence, with a view to streamline the procedure and to ensure
that timely legal and medical help reaches to such victims when it is
needed the most, it is directed that henceforth, whenever a case of
rape is registered in any police station, the following procedure shall
be adopted :-
(i) The SHO of the said police station, on the basis of the MLC
of the victim indicating that she is pregnant, shall forthwith forward
the victim to the concerned District Court;
(ii) the learned Judge of the District Court, regardless of any
application for termination of pregnancy, though not maintainable,
filed before it or not, shall refer the victim to the concerned medical
officer/Board to expeditiously submit its report, if the pregnancy of
the victim can be terminated;
(iii) the District Court, after obtaining the said medical report, under
intimation to the victim and her parents, directly refer such case and
report to the nearest Registry of the High Court;
(iv) the Registry of this Court, in turn, shall register such reference
as a Writ Petition under Article 226 of the Constitution, Suo
Moto, and list the matter immediately before the concerned Bench
having the roster, so that appropriate orders regarding termination of
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pregnancy can be passed by this Court without any undue delay.
5. Therefore, in the light of PUD received from Principal District Judge,
Betul, along with the report of the Medical Board, according to which medical
termination of pregnancy of prosecutrix is possible, as well as in the light of
directions given by co-ordinate Bench of this Court in the case of Seema Bai
(supra), this petition is disposed of with the following directions:-
(i) The prosecutrix shall appear before the CMHO, Betul, on
18.01.2025.
(ii) The CMHO, Betul, is directed to admit the prosecutrix and
carry out the medical termination of her pregnancy by a team
constituted of specialist doctors. The specialised team of Doctors
shall take a decision as to when to terminate the pregnancy. All
necessary care and caution shall be taken by the Doctors while
carrying out the procedure for termination of the pregnancy.
(iii) The procedure of termination of pregnancy will be carried out in
the presence of the expert team of doctors. The expert doctors will
explain to the family members as well as the prosecutrix the risk of
getting the termination of her pregnancy and also other factors.
(iv) Every care and caution will be taken by the doctors while
terminating the pregnancy. All medical attention and other medical
facilities including that of a presence of a Pediatrician as well as a
Radiologist and other required doctors will be made available to her.
(v) The post operative care up to the extent required, will be extended
to the prosecutrix. It will be the duty of the State Government to take
care of the child, if born alive.
(vi) The Doctors are also directed to preserve the fetus and they are
directed not to preserve the fetus in formalin solution. They shall
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preserve the fetus as per the protocol of DNA Test Laboratory. The
preserved fetus shall be immediately handed over to the Investigating
Agency and the Investigating Officer is directed to send the fetus to
DNA Fingerprint Laboratory within a period of two days from the
date of seizure of the said fetus.
(vii) The DNA Fingerprinting Unit is directed to give their report
positively within a period of one month from the date of submission
of fetus for examination.
(viii) The blood sample of the accused shall also be sent for
comparison purposes.
(ix) The C.M.H.O., Betul, shall collect the fetus for further action.
It is needless to mention that in the light of judgment passed by High Court
of Bombay in the case of Shaikh Ayesha Khatoon Vs. Union of India and
Others reported in 2018 SCC OnLine Bom 11, the Doctors, who will carry out
the medical termination of pregnancy as well as the State Government shall not
be responsible and the medical termination of pregnancy shall be conducted only
at the risk and cost of parents of the prosecutrix.
6. With aforesaid observations, this petition is allowed.
(G.S. Ahluwalia)
Judge
