Allahabad High Court

Allahabad High Court: In a case relating to unwanted 23-week pregnancy of a 12-year-old rape victim, the division bench of Attau Rahman Masoodi and Om Prakash Shukla, JJ. has permitted the medical experts to proceed with the termination of pregnancy in the interest of justice to free the victim of the trauma and social miseries ahead.

The Court ordered that the petitioner must be provided due medical care equipped with all the necessities required for the purpose. Further, the Chief Medical Officer was directed to monitor financial implications inclusive of the food and accommodation of two extra family members of the victim.

Moreover, the Court permitted the medical board to obtain the necessary consent of victim’s father before termination of pregnancy and further directed that the tissues of fetus must be preserved for forensic analysis and use of the evidence in trial.

The matter will next be taken up on 20.9.2022

[Ms. X Thru. Her Legal Guardian Bharat Lal v. State of U.P., 2022 SCC OnLine All 639, decided on 12.9.2022]


Advocates who appeared in this case :

Ashish Kumar Singh, Advocate, Counsel for the Petitioner;

Chief State Counsel, Counsel for the Respondent.

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