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Orissa High Court
Victim Cum Informant vs State Of Odisha ..... Opposite Party on 21 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 42 of 2026
Victim cum Informant ..... Petitioner
Mr. Karunakara Gaya, Advocate
-versus-
State of Odisha ..... Opposite Party
Mr. Sarathijyoti Mohanty,
Additional Standing Counsel
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
21.01.2026
Order No. (Through hybrid Mode)
03.
1. The CRLMP is disposed in terms of the judgment passed in
separate sheets today.
2. This Court is of the considered opinion that as the victim-
petitioner is a major and a victim of alleged rape and as her on date,
pregnancy is well within 24 weeks, as per the provisions of Section 3
(2) (b) and Explanation 2 to Section 3 of the MTP Act, even though
investigation of the case in Bingharpur P.S. Case No. 553 of 2025
has not been completed, the pregnancy of the petitioner can be
terminated after taking approval of only two registered medical
practitioners, as it is well within 24 weeks. In fact, at the time the
petitioner had approached the learned SDJM, Jagatpur, her
pregnancy was within 20 weeks, for which it could have been
terminated on the opinion of one registered medical practitioner. But
as drawing of sample from the foetus was necessary for the purpose
of investigation, the petitioner could not have got her pregnancy
terminated before such sample was drawn. But her application for a
direction to the IO/ IIC, Binjharpur Police Station for taking steps,
for drawing of sample from the foetus for the purpose of DNA test
and medical termination of her pregnancy has been rejected by the
learned SDJM, Jajpur as well as by the learned District and Sessions
Judge, Jajpur.
3. For the purpose of investigation, the drawing of DNA sample
of the foetus is necessary, so the IIC, Binjharpur Police Station shall
take immediate steps for drawing of sample for purpose of the DNA
test of the foetus, before termination of the pregnancy of the
petitioner and send such sample for conduct of DNA test. Such
sample shall necessarily be drawn before her pregnancy is
terminated.
4. As the petitioner is desirous that her pregnancy be terminated
at the Capital Hospital, Bhubaneswar as her brother is staying in
Bhubaneswar, the IIC, Binjharpur Police Station shall approach the
Superintendent of Capital Hospital, Bhubaneswar along with a
downloaded copy of this order, by 22.01.2026 so that after obtaining
the opinion of two registered medical practitioners, as per Section-
3(2) of the MTP Act, the pregnancy of the petitioner is terminated
after observing all precautions for her safety and well being, in the
Capital Hospital, Bhubaneswar.
5. For the purpose of drawing of sample from the foetus for
conducting DNA test and medical termination of her pregnancy, the
petitioner shall appear before the IIC, Binjharpur Police Station on or
before 23.01.2026.
6. It is directed that the medical termination of pregnancy shall
be done positively within a period of two weeks from today in
Capital Hospital, Bhubaneswar after drawing sample of the foetus
for the purpose of DNA test, so that the pregnancy of the petitioner
does not cross the period of 24 weeks.
7. Downloaded copy of this order shall be communicated by Mr.
S.J.Mohanty, learned Additional Standing Counsel,for
communicating to the IIC, Binjharpur Police Station and
Superintendent, Capital Hospital for necessary compliance.
8. The copy of this order shall also be communicated by the
Registry by e-mail to the Superintendent of Capital Hospital,
Bhubaneswar by 11.00 a.m, tomorrow (22.01.2026).
9. The CRLMP is disposed of with the aforesaid directions.
(Savitri Ratho)
Judge
Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 21-Jan-2026 21:53:33
