The court established that medical opinion is crucial in abortion cases, especially when the health of the victim is at risk.

ORDER

1. This case has been filed by the petitioner-victim for seeking a direction to grant her permission to abort foetus of around 19 weeks 1 day at the time of filing of the writ petition.

2. This Court vide order dated 15.07.2021 had directed the Chief Medical & Health Officer, Karauli to constitute a team of three Doctors to conduct medical examination of the victim and submit his report to this Court through learned counsel for the respondents-Mr. Bharat Saini, Addl. G.C.

3. Mr. Bharat Saini, Addl. G.C. has filed reply to the writ petition and also annexed the report of Medical Board constituting of three members-Doctors.

4. This Court on perusal of the report of Medical Board dated 17.07.2021 finds that the abortion of the victim is not possible because age of the foetus is approximately 26 weeks and abortion/termination of pregnancy is risky for victim's life.

5. Learned counsel for the petitioner submitted that the petitioner being victim of rape needs direction from this Court for termination of pregnancy and this Court in catena of cases has given such direction.

6. Learned Additional Government Counsel Mr. Bharat Saini appearing on behalf of the respondents, submits that the medical report dated 17.07.2021 has clearly opined that victim is carrying a foetus of about 26 weeks and as on today, she carries about 28 weeks pregnancy.

7. Learned counsel submitted that in view of the opinion of the experts, this Court may not consider the prayer sought by the petitioner to permit her termination of pregnancy.

8. This Court finds that the alleged incident is of course unfortunate and the victim is of course found to be carrying foetus of about 28 weeks now.

9. This Court further notices that these kind of incidents have a permanent scar on the life of a victim to deliver a child, which was never intended by the victim.

10. This Court further finds that the incidents relating to committing rape are not only causing severe bodily injury but they also have mental & emotional sufferings for all times to come for such victims.

11. This Court, further, has to consider the ground reality with health and mental condition of the victim as well.

12. This Court in order to verify the correct claim of the victim to get the termination of pregnancy, thought it proper to have opinion of the experts by a team of Doctors and has to rely on the reports which are given by the medical experts.

13. This Court in the present case, considering the report of the Medical Board finds that the petitioner is carrying a foetus of almost 28 weeks now and as per the report of the experts, it would be dangerous for the petitioner to get her pregnancy terminated.

14. This Court finds that life of the victim is equally important and if such procedure is permitted by this Court, there can be eminent danger to the life of the victim herself. This kind of situation cannot be encouraged by the Court, where victim can lose her life.

15. Learned counsel for the respondents submitted that this Court has considered the similar issue in S.B. Civil Writ Petition No.9471/2020 (Victim Vs. State of Rajasthan & Ors.) dated 15.09.2020, whereby the Court has denied the permission of termination of pregnancy to the victim who was carrying the foetus of about 28 weeks.

16. The operative portion of the order passed by this Court in the case of Victim Vs. State of Rajasthan & Ors. (supra) is quoted hereunder:-

"This Court finds that the initial medical report, given by five members of the team of Medical College, Kota, had opined that it would not be in the interest of the mother as well as child, if termination of pregnancy is undertaken.

This Court, in order to satisfy that right of the victim, can still be protected to go for termination of pregnancy, still sought opinion from a new Medical Board, consisting of five Doctors.

The report of the Medical Board, SMS Hospital, Jaipur also makes it clear that termination of pregnancy will not be in favour of life of the foetus and will have advers