JAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The instant case has been filed by a desperate father of a victim girl seeking for medical termination of his minor daughter's pregnancy. The rape victim girl X was impregnated by the accused who has been charged with the offence in Cr.No.09/2022 under Sec. 5(j)(ii)r/w 6 of POCSO Act.

(2.) In the affidavit filed in support of this writ petition, the petitioner has stated that the minor victim girl is 28 weeks + 3 days pregnant. This Court, by its earlier order dtd. 14/7/2022, directed the first respondent to nominate a team of Doctors and medically examine the victim girl and submit a feasibility report with regard to the medical termination of her pregnancy. As directed by this Court, the first respondent has nominated a team of Doctors who have medically examined the rape victim girl and have filed an unanimous report before this Court on 14/7/2021. The said report dtd. 14/7/2022 is accompanied by a covering letter dtd. 14/7/2022 addressed by Dr.K.Thirumal Babu, MD.,DM, Government Thiruvannamalai Medical College Hospital, Thiruvannamalai to the State Government Pleader Office. In the Report, it has been submitted by the Doctors that the victim girl X is about 28 weeks + 3 days pregnant and their recommendations have also been given. The relevant portions of the medical report dtd. 14/7/2022 reads as follows:

(3.) This Court heard Dr.S.Amutha, DDVL, Joint Director (MTP), Directorate of Family Welfare, Chennai and Dr.Vijaya Murali, Deputy Director (Inspection), Directorate of Family Welfare in open Court and they expressed that it is feasible to terminate the pregnancy of the petitioner's daughter. They also submitted that the rape victim is mentally weak and not in a position to deliver a child at such a young age.