Rajasthan High Court - Jaipur
Victim A vs The State Of Rajasthan on 2 December, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14040/2020
Victim A.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Chief Medical And Health Officer, District Jaipur
(Rajasthan).
3. The Superintendent Of Police, District Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Dr.Parmendra Dadhich (through video conferencing) For Respondent(s) : Mr.Bharat Saini, AGC (through video conferencing) HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 02/12/2020 The present writ petition has been filed by the victim girl through her mother, as she is only 12 years old.
The brief facts of the case are that the victim girl is said to be a victim of rape, committed on her and for such an unfortunate incident, an FIR No.641/2020 was lodged at Police Station Jhotwara, Jaipur for offence under Sections 376, 376AB, 376(2)(n) IPC, Sections 5 and 6 of the Protection of Children from Sexual Offences Act and Section 3(2)(v) of the Schedule Caste and Schedule Tribes Prevention of the Atrocities Act. The complaint of the victim girl was narrated by her to her mother and due to such complaint, the victim girl was taken to the Gynecologist initially and after sonography, being done, the Doctor opined that victim girl is pregnant and has a fetus of 19 weeks. (Downloaded on 07/12/2020 at 09:08:46 PM)
(2 of 4) [CW-14040/2020] This Court, while entertaining the writ petition, on 25 th November, 2020 directed the Superintendent, SMS Medical College and Hospital, Jaipur to constitute a Medical Board for medical examination for the purpose of carrying out termination of pregnancy of victim girl and the report of such Medical Board was to be placed before this Court.
Mr.Bharat Saini, Additional Government Counsel has submitted that as per the directions of this Court, medical examination of the victim girl was done by the Board and the report dated 1st December, 2020 has been sent to him and the same has also been filed with reply to the writ petition.
Learned counsel for the victim girl submitted that looking to the report of Medical Board, this Court needs to exercise its writ jurisdiction and permit the victim girl for termination of her pregnancy.
Learned counsel submitted that as per the clinical examination and USG report, gestational age of fetus is 19-20 weeks and victim girl is having second trimester pregnancy and pregnancy may be terminated as a high risk case, as has been opined by the Medical Board of the SMS Medical College and Hospital, Jaipur.
Learned counsel further submitted that this Court in the case of Petitioner-A Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.11664/2020), vide order dated 6th October, 2020, has given similar directions.
Learned counsel has also referred to judgment in the case of Nisha Vaishnav Vs.State of Rajasthan & Ors. (SB Civil Writ Petition No.1271/2019).
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Mr.Bharat Saini, Additional Government Counsel, while
assisting the Court, submitted that this Court can always look into the report, which is prepared by the experts and can take appropriate decision with regard to termination of pregnancy of the victim girl.
I have considered the submissions made by learned counsel for the parties and perused the material, available on record.
This Court finds that age of the victim girl is only 12 years, as she is said to be born on 4th August, 2008.
This Court further finds that the victim girl is pregnant and has fetus of 19-20 weeks.
This Court further finds that as per the report of Medical Board that pregnancy of the victim girl may be terminated as a high risk case.
This Court further finds that victim girl is a small child of about 12 years and if permission to terminate the pregnancy will not be given, she will carry the burden of giving birth to a child through-out her life and the same will not only cause mental agony but also cause the serious scars on her social life.
This Court further finds that trauma will be faced by parents and relatives of the victim girl, if permission is not granted by this Court for termination of pregnancy.
This Court finds that the medical report, after examination of the victim girl, clearly suggests that victim girl is a child having second trimester of pregnancy and she is carrying fetus of 19-20 weeks and pregnancy can be terminated as a high risk case.
This Court in the case of Petitioner-A Vs. State of Rajasthan & Ors. (supra) and Nisha Vaishnav Vs.State of Rajasthan & Ors.
(supra) has already taken into account the parameters for
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granting permission to terminate the pregnancy of victim girl after seeking opinion of expert Doctors.
This Court, in the present facts of the case, has also looked into the entire aspects and in particular the report of Medical Board and finds that urgent directions are required in this case for giving permission to victim girl to undergo the procedure for termination of pregnancy.
Accordingly, this Court, after considering the entire facts of the present case, deems it proper to permit the termination of pregnancy of the petitioner-victim girl by team of the expert Doctors to be constituted by the Superintendent, SMS Medical College and Hospital, Jaipur without any further delay for carrying out the necessary procedure.
This Court also deems it proper to direct the Authority- Superintendent, SMS Medical College and Hospital, Jaipur to preserve the fetus of the petitioner-victim girl for the purpose of DNA Test, in case any need arises in future.
Accordingly, the victim girl is permitted to report in office of the Superintendent, SMS Medical College and Hospital, Jaipur as early as possible and if she reports by tomorrow, the Superintendent, SMS Medical College and Hospital, Jaipur will immediately take necessary and appropriate steps to perform necessary procedure by the experts.
With the aforesaid directions, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J Preeti Asopa /Parul/21 (Downloaded on 07/12/2020 at 09:08:46 PM) Powered by TCPDF (www.tcpdf.org)