Disposed

Miss X Thru. Her Mother and Natural Guardian Crime No.- 161/2024 v. the Prin. Secy. Health and Family Welfare Deptt., State of U.P. Lko. and Others

Allahabad HC23 Aug 2024CRLP/5824/2024

Case brief

AI extract

What is this about?

A minor rape victim sought termination of a 20-week pregnancy consequent to rape. The court directed the Vice Chancellor of K.G.M.U. to constitute a Medical Board including a psychologist and gynaecologist to assess foetal age, feasibility and safety of termination, with report due before the next sitting.

What did the court decide?

Direction issued to constitute a Medical Board for examination and feasibility assessment of pregnancy termination; report required by 20.08.2024.

Miss X Thru. Her Mother and Natural Guardian… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5824 of 2024

¶3

Petitioner :- Miss X Thru. Her Mother And Natural Guardian Crime No.- 161/2024 Respondent :- The Prin. Secy. Health And Family Welfare Deptt., State Of U.P. Lko. And Others Counsel for Petitioner :- Rajesh Kumar Sharma,Subhash Bisaria

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

¶6

Heard learned counsel for petitioner and learned A.G.A. for State.

¶7

The present writ petition has been filed by a rape victim through her legal guardian claiming the following relief:-

¶8

"[i]. Issue a writ, order or direction in the nature of mandamus directing the opposite parties to constitute a Medical Board to evaluate the exigency/pregnancy and permit the petitioner to terminate her pregnancy at any govt. approved centre."

¶9

It is stated that the petitioner is a minor girl who was subjected to rape which led to filing of a First Information Report dated 30.05.2024 bearing Case Crime No. 0161 of 2024 under Sections 363,366 I.P.C. and subsequently added Section 376 I.P.C., Police Station Behta Mujawar, District Unnao. Upon recovery of the girl, her custody has been given to her parents by the Child Welfare Committee. According to the counsel for petitioner, petitioner was subjected to medical examination on 22.06.2024, according to which, she was declared pregnant of 20 weeks and 5 days. Petitioner does not want to continue with the pregnancy and wants to get the pregnancy terminated which has occurred consequent to the aforesaid incident/offence. In these circumstances, the petitioner has filed the present petition.

¶10

Considering the facts of the case as noticed hereinabove, we order Vice Chancellor, K.G.M.U. to constitute a Medical Board for medical examination of the petitioner which shall determine the age of the foetus and the feasibility of termination of her pregnancy.

¶11

Since petitioner is a minor girl, aged around 17 years and 08 months hence, the Medical Board shall consist at least of one

¶12

psychologist, one gynecologist and other experts, as they may require, having expertise in dealing with such matters. The petitioner shall appear before the Registrar K.G.M.U. on 14.08.2024.

¶13

The Medical Board shall conduct the medical examination on the said date upon petitioner and submit its report immediately within one week. The Police Station where FIR has been lodged and investigation is pending would also have to be informed. Once the report of the Board is received, we can pass necessary orders in this regard.

¶14

The Medical Board so constituted shall not only ascertain the pregnancy and age of the foetus but also as to whether the mental and physical condition of the alleged victim is such as to permit for undertaking the exercise of termination of pregnancy and whether there is any impediment in this regard and is there any danger to her life if such an exercise is done. The Medical Board shall ensure the medical examination of the petitioner and submission of report of the medical Board in this regard before this Court by the next date.

¶15

Learned Counsel for the K.G.M.U. as well as learned A.G.A. shall ensure the medical examination of the petitioner and submission of report of the medical Board in this regard by the next date before this Court.

¶16

List this case on 20.08.2024 as first case after the fresh cases.

¶17

(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

¶18

Order Date :- 12.8.2024 Arjun/-

¶19

Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Miss X Thru. Her Mother and Natural Guardian Crime No.- 161/2024 v. the Prin. Secy. Health and Family Welfare Deptt., State of U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Miss X Thru. Her Mother and Natural Guardian Crime No.- 161/2024 v. the Prin. Secy. Health and Family Welfare Deptt., State of U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kshama Mishra and Others vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Jalaluddin vs State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Home and Others

Vijit Kumar Srivastava and Others vs State of U.P. Thru. Secy. Home U.P. Lko. and Others

Nita @ Nitu and Another vs State of U.P. Thru. Secy. Home. Deptt. Lko. and Others

Sanjay Trivedi vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Mahaluxmi Realtech Pvt. Ltd. Thru. Its Authorized Representative Sandeep Chaudhary and Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and Others