Rape FIR 'Suspicious': MP High Court Denies Permission To Terminate Minor's 28-Week Pregnancy

Noting that an FIR lodged by the grandmother of the prosecutrix is 'suspicious' on account of false information about the date of occurrence of rape, Madhya Pradesh High Court has refused to allow the medical termination of prosecutrix's 28-week-old pregnancy.

The single judge bench of Justice Gurpal Singh Ahluwalia, while dismissing the petition, reasoned that the Medical Board's report confirms a pregnancy way past 24 weeks. This factor, as well as the existence of a mild intellectual disability of the minor, forced the Medical Board to deny permission for medical termination.

“…in view of the medical report given by the Board by which termination of pregnancy has been denied coupled with the fact that even FIR which has been lodged by grandmother of petitioner is also suspicious, no case is made out for directing medical termination of pregnancy”, the bench sitting at Jabalpur accordingly noted in the order.

In the FIR lodged on 07.07.2024, the minor's guardian stated that the prosecutrix conceived about three months ago, i.e., approximately between 07.04.2024 and 01.05.2024. As per her statement, she came to know about the pregnancy only when she noticed abnormal developments in the minor's body. She was then informed about the incident of rape by her granddaughter as per the version given in the FIR.

On 19.07.2024, the Dean of Gandhi Medical College, Bhopal constituted a Board and medically examined the prosecutrix which revealed that she was with child from around 6 months prior.

“…. According to the FIR which was lodged on 07.07.2024, petitioner had conceived only three months back. Thus, it is clear that grandmother of petitioner had also given a false information in the FIR about the period during which petitioner might have conceived”, the court remarked.

Along with the prayer for scientific abortion of the foetus and preservation of DNA for trial, the petitioner had also sought a grant of compensation to the victim as per state policy.

Adv. Divyakeerti Bohrey appeared for the petitioner. G.A Mohan Sausarkar represented the state.

Case Title: A Minor v. The State of M.P. & Ors.

Case No: Writ Petition No. 19810 of 2024

Citation: 2024 LiveLaw (MP) 144

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