C v karthikeyan judge The termination may be done as early as possible but at the same time, the health condition of the mother may be kept in mind and monitored.
W. P.No. 6631 of 2023
W.M.P.No. 6697 of 2023
An First Information report in Crime No. 19 of 2023 had been registered by the
Somangalam Police Station on 08.02.2023 under Sections 366, 506(i) of IPC and Sections
5(1), 5(j)(ii), 5(n) read with Section 6 of the Protection of Child from Sexual Offences Act, 2012 against the accused, who had been charged with repeated sexual assaults of a minor child, aged 14 years, from June 2022. The mother of the child is the petitioner herein. She had come to know that her child has been impregnated and that, the pregnancy is now 27 weeks old.
2. The present Writ Petition has therefore been filed taking recourse to the provisions of the Medical Termination of Pregnancy Act 1971 to terminate the pregnancy.
3. Heard the learned counsel for the petitioner and also the learned Special
Government Pleader for the respondents.
4. Doctor M.Surya, Assistant Professor, from Institute of OG and IOG,
Government Hospital for Women and Children is also present to assist the Court.
5. It is the opinion of the Doctor that the child was having a blood counter of 8.2 and after blood transfusion, the same has increased. She stated that voluntary expulsion of the foetus can be done after proper procedure.
6. In the affidavit filed, the mother had stated that the presence of the foetus would be a permanent scar in the life of the child is concerned. Any further delay would only be affect the mother and the child in the womb.
7. Having considered the facts stated and taking into consideration the provisions of the Medical Termination of Pregnancy Act 1971 without any further delay, I would permit the termination of the foetus of the child of the petitioner herein.
8. Let proper steps be taken and with procedure advised. A Report may be filed on 08.03.2023.
9. The termination may be done as early as possible but at the same time, the health condition of the mother may be kept in mind and monitored.
10. Instructions have also been given that necessary sample of the foetus should also be taken and preserved and forwarded to the Investigating Officer for DNA examination which would be helpful during the criminal trial of the accused.
11. List the matter again on 08.03.2023.
Note: Issue order copy today itself (01/03/2023) 01.03.2023
W.P.No. 6631 of 2023
W.M.P.No. 6697 of 2023