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Judgment
Milind Ramesh Phadke, J
The instant petition is filed on behalf of a rape victim for terminating fetus which is around 6 weeks through her father and is seeking permission of this Court for terminating the pregnancy in terms of Section 3,4 and 5 of the Medical Termination of Pregnancy Act, 1971.
Learned Government Advocate at the outset has informed this Court that one habeas corpus petition W.P.No.13229 of 2023 was filed by the petitioner, who is father of the prosecutrix and in which the prosecutrix has refused to go along with the present petitioner/father and, therefore, she has been directed to be kept in one stop center at Bhind.
I n wake of the aforesaid fact, learned Government Advocate was directed to seek instructions in the matter with regard to the fact as to whether the present petition has been filed at the behest of the prosecutrix through her father or not.
On instructions, the report dated 31.8.2023 has been submitted by Station Incharge, Police Station Raun, District Bhind in which it has been averred that the statement of the prosecutrix has been taken in which she has stated that she had no information regarding the writ petition filed by her father and the petition was filed without the consent of the prosecutrix. In the report it has also been averred that as per the medical advice on 25.7.2023 th ultrasound of the prosecutrix was done at Jayarogya Hospital, Gwalior in which the impression NORMAL USG ABDOMEN AND PELVIS STUDY has been written by the doctor.
Since, it is a case of sexual harassment of a minor and the looking to the age of the prosecutrix, the Chief Medical & Health Officer, Gwalior, District Gwalior is directed to constitute a Medical Board with experts in the field concerned and opinion be sought from the Medical Board with regard to the medical termination of pregnancy, if the prosecturix is pregnant, as from the earlier ultrasound, it is not clear, whether, she is pregnant.
Shri Vivek Khedkar - Additional Advocate General who appears on advance notice is directed to communicate this order to the concerned Chief Medical & Health Officer, Gwalior. District Gwalior.
The Chief Medical & Health Officer, Gwalior, District Gwalior is directed to constitute the said Medical Board within a period of two days and submit his report latest by 4th September, 2023.
In the light of the aforesaid, Station House Officer, Police Station Raun, District Bhind is directed to make the girl remain present before the Medical Board on 2nd September, 2023.
Let the aforesaid exercise be completed as per the aforementioned schedule.
List this case on 4.9.2023 on top of the list.