Kumari X Through Natural Guardian Mother vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

This petition has been filed by the petitioner under Article 226 of the Constitution of India for medical termination of pregnancy.

The prosecutrix is a victim of rape in crime no.240/2026 for the offence under section 64(2)(F) of BNS and 64(2)(M), 5(I) of POCSO Act registered at police station Sanwer District Indore.

The petition has been filed on the ground that due to commission of rape, the petitioner got pregnant, the termination of which has been sought in the present petition.

On the last date, counsel for the respondent/state was directed to get the prosecutrix examined in the MY Hospital, Indore and to submit a report. As per the report submitted today by the MY Hospital/MGM Medical College Indore, it has been opined that the petitioner is having a pregnancy of 8 weeks, which can be terminated.

In such facts and circumstances of the case, since the petitioner/victim has also consented to the termination of her pregnancy, this Court finds it expedient to allow this petition and permit the petitioner to have her pregnancy medically terminated by following the due procedure.

Needless to say that the victim's identity shall not be disclosed. It is further directed that samples/viscera of the fetus shall be preserved for DNA sampling to be produced before the competent court where the criminal case is pending.

Accordingly, the Superintendent, M.Y. Hospital, Indore is directed to do the needful and medically terminate the pregnancy of the petitioner at the earliest. For this purpose, the petitioner/victim is also directed to remain present in the M.Y. Hospital, Indore tomorrow i.e. 16.06.2026 at 10:00 a.m.

Counsel for the State is also directed to ensure that no inconvenience is caused to the victim due to procedural delays.

With the aforesaid directions, the writ petition is allowed and disposed of.