MP High Court Denies Permission To Terminate Pregnancy After Prosecutrix's Mother Concedes They'll Turn Hostile In Trial Against Rape Accused

Taking a firm stand against the misuse of the court's lawful authority, Madhya Pradesh High Court recently rejected a plea for medical termination of pregnancy when the victim's mother conceded that they did not intend to prosecute the accused relative.

The single-judge bench of Justice Gurpal Singh Ahluwalia also observed that the real intention of the prosecutrix and her petitioner-mother was evident from the petitioner's admission that they wouldn't support the prosecution case at the trial.

“…Whether the petitioner wants to ensure the conviction of her son-in-law or not is not the concern of this Court but the only concern is whether this Court can be used as a tool for getting rid of an unwanted child and thereafter claiming that no offence had taken place… Nobody can be allowed to play the game of hide and seek for committing murder of an unborn child”, the bench sitting at Jabalpur observed in the order.

The accused is the son-in-law of the petitioner, who allegedly took away his younger sister-in-law (prosecutrix) and impregnated her. FIR was later lodged by the mother on behalf of her younger daughter.

On 22.04.2024, after going through the case diary, the court instructed the petitioner's counsel to file an affidavit of the petitioner and her husband to the effect that they wouldn't turn hostile at the trial of the accused.

“Although, this Court is conscious of the fact that the witnesses cannot be bound by their statements and they can state whatever they want in the trial but they cannot be allowed to misuse the lawful authority of this Court to kill an unborn baby…”, the court underscored.

After the petitioner filed an affidavit and appeared before the court in person, the court enquired the petitioner about the relationship with accused at this juncture. The mother replied that they would make every attempt to save the accused relative in the trial.

“…this Court is of considered opinion that although the unwanted child may have some adverse effect on the mental status of the girl but if the prosecutrix and her mother are going to take a somersault by claiming that no offence was committed, then this Court would like to ignore the said aspect”, the single judge bench concluded while declining permission for termination of pregnancy.

While pronouncing the order, the court also referred to a previous occasion where similarly situated petitioners misused the authority of the court to get rid of an unwanted child, though they turned hostile at the stage of trial later. [Suo Moto in the Matter of the State of M.P. v. Father of Prosecutrix 'A', Contempt Petition No. 415/2022].

For Petitioner: Advocate M.R.Verma

For Respondents: Govt. Advocate Mohan Sausarkar

Case Name: Victim A v. State of Madhya Pradesh & Ors.

Case No: Writ Petition No. 10278 of 2024

Citation: 2024 LiveLaw (MP) 116

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