Decided on February 03,2021

Victim A. Appellant


G.S. Ahluwalia,J. - (1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:- "(I) Issue a writ in the like nature commanding the concerned respondent for the termination of pregnancy of the petitioner to secure life and future of the petitioner. (II) To grant any other relief deemed proper to the facts and circumstances of the case."
(2.) The facts necessary for disposal of the present petition in short are that the petitioner has filed this petition on the allegation that she came to Jabalpur on 1.6.2020 for training as Community Health Officer and during verification of the documents, she met with accused Sonu Chouraya, R/o. District Chhindwara, who helped her out in verification of the documents. Thereafter, they became friends and exchanged their mobile numbers. On various occasions, accused Sonu Chouraya expressed his feelings that he is in love with her and wants to marry her. When the petitioner informed that she belonged to scheduled caste then accused Sonu Chouraya expressed that he is ready for inter-caste marriage. On 26.6.2020, on the date of the birth of the petitioner, accused Sonu Chouraya proposed her and inspite of her reluctance, he had physical relations with her. It was also expressed by Sonu Chouraya that from today she is his wife and on the pretext of marriage, Sonu Chouraya had physical relations with her. On 25.11.2020 at about 10:00 pm, Sonu Chouraya informed that tomorrow he would talk to his parents about the marriage and also had physical relations with her on the said date. On 26.11.2020, Sonu Chouraya went back to his house and now she has come to know that she is pregnant. When the fact of pregnancy was informed to Sonu Chouraya then he refused to marry her on the ground that he cannot marry her without permission of his parents and also insisted that now the prosecutrix must look after her and should not rely on him. On the basis of the report made by the petitioner, the police has registered Crime No.452/2020 at Police Station Omti, District Jabalpur for the offence under Sections 376, 376(2)(n), 417 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) It is submitted by learned counsel for the petitioner that the petitioner was infact raped by Sonu Chouraya by misconception of fact that he would marry her and, therefore, the consent of the petitioner is no consent as per the provision of Section 90 of the Indian Penal Code. It is further submitted that now the petitioner has got the appointment and in case if she is compelled to deliver a child then it would amount to mental trauma and agony to the petitioner as well as it would be impossible for the petitioner to upbring the child.;

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