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Showing contexts for: MAHASAMUND in Ms. A vs State Of Chhattisgarh 13 Wpl/210/2019 ... on 1 October, 2019Matching Fragments
3. The instant petition was filed on 25.09.2019 and came before the Board on 26.09.2019 on mentioning. On 26.09.2019 a direction was given to the State to get the victim examined by the Medical Board in terms of the Act, 1971. Today the report has been filed. The report placed by the State shows that the victim was examined by a medical team of four members at District Medical Board, Mahasamund. The pregnancy has been reported of 21 weeks. It is also stated that she is physically fit. The certificate of the medical board categorically stated that she is found fit for the Medical Termination of Pregnancy (MTP), at the same time, the statement made in a criminal case in Crime No.370/19 under Sections 370 (A), 372, 373, 376 IPC read with Section 6 of the Protection of Children from Sexual Offences Act is perused. The record would show that the FIR was registered on 15.09.2019. The statement of the victim was also been recorded under Section 161 & 164 Cr.P.C. Prima facie, the reading of the said statement in the criminal case points out that the allegation of rape has been attributed. The Explanation 1 of Section 3 of the Act of 1971 purports that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
6. The statement of the victim would show that she was subjected to rape. The petitioner No. 1 herein is a minor represented through her mother. The report of the doctors further shows that there is no risk if the termination of pregnancy is caused and it is stated that she is fit to undergo M.T.P. Under the circumstances, taking into this fact that the petitioner No.1 was subjected to rape thereby the pregnancy occurred, the prayer to terminate the pregnancy is allowed, specially taking into the medical report of the petitioner No.1 is approved. The petitioner No.1 shall be admitted to the District Hospital, Mahasamund wherein by the team of doctors in the supervision of medical expert, the termination of pregnancy shall be caused. The DNA sample of the fetus shall also be taken for further evidence as criminal case against the accused is pending.