IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
X - Appellant
Versus
State Rep. by The Inspector of Police, AWPS Kilpauk Police Station & Others - Respondents
Crl. O.P. No. 14506 of 2019 & Crl. M.P. No. 7043 of 2019
Decided On : 19-06-2019
Indian Penal Code,1860 - Section 354, 354A, 354C - Code of Criminal Procedure,1973 - Section 482 - Information Technology Act - Section 66E & 67A - Medical Termination of Pregnancy Act, 1971 - Section 3 and 5(1) – Offence of Criminal force or assault - Terminate pregnancy - FIR - Seeking for transfer of investigation - Petitioner is that she had relationship with one - He had stealthily taken certain videos and started pressurising petitioner to yield to his demands - He started having regular sexual intercourse with petitioner under threat- Therefore, a complaint came to be filed before respondent Police by mother of petitioner and an FIR has been registered in Cr.No. for an offence - Petitioner wanted to terminate pregnancy, and therefore she had requested respondent Police to make arrangements for medical termination of pregnancy - Respondent Police did not take any steps and petitioner got herself admitted before the 2nd respondent - Even though, the doctors initially agreed to conduct medical termination of pregnancy for petitioner, they wanted to coordinate with the 1st respondent Police since conceptus has to be sent for analysis to Forensic Department –Held, In cases of this nature, doctors and the Courts need to be more sensitive and should act fast since victim girl is carrying a foetus, which keeps reminding her of agony faced by her due to rape and every moment she suffers mental agony and depression due to the unwanted pregnancy that has been forced against her - Length of pregnancy exceeds 20 weeks, victim may approach High Court seeking for termination of pregnancy and at which point of time, High Court will refer the matter to permanent Medical Board constituted by Government of Tamil Nadu and which shall examine such cases and will ensure urgent/immediate action and submit its report to Court, based on it the Court can take a decision - Court does not want to transfer the investigation at this stage and investigation conducted by 1st respondent shall be monitored by Assistant Commissioner of Police and he shall ensure that investigation progresses effectively - Criminal Original Petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed.
(Prayer: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.1 of 2019, from the file of the 1st respondent, AWPS, Kilpauk, to the file of the 3rd respondent-Inspector of Police, SCBCID, EGmore, Chennai.)
1. This Criminal Original Petition has been filed seeking for transfer of investigation which is now pending on the file of the 1st respondent in Cr.No.1 of 2019. Along with this petition a miscellaneous petition was also filed seeking for a direction to the 2nd respondent to medically terminate the pregnancy of the petitioner.
2. The case of the petitioner is that she had relationship with one Naveeth Ahamed. He had stealthily taken certain videos and started pressurising the petitioner to yield to his demands. He started having regular sexual intercourse with the petitioner under threat. Therefore, a complaint came to be filed before the respondent Police by the mother of the petitioner and an FIR has been registered in Cr.No.1 of 2019 for an offence under Section 354, 354A, 354C IPC & Section 66E & 67A of the Information Technology Act.
3. Immediately after the registration of the FIR, the 164 statement of the petitioner and her mother was recorded before the learned Magistrate. In the said statement the victim girl had alleged that she was raped by the above said Naveeth Ahamed and as a result of the same, she became pregnant.
4. The petitioner wanted to terminate the pregnancy, and therefore she had requested the respondent Police to make arrangements for medical termination of pregnancy. The respondent Police did not take any steps and the petitioner got herself admitted before the 2nd respondent on 01.06.2019. Even though, the doctors initially agreed to conduct medical termination of pregnancy for the petitioner, they wanted to coordinate with the 1st respondent Police since the conceptus has to be sent for analysis to the Forensic Department. However, the petitioner was discharged from the hospital on 03.06.2019 without taking any decision. Left with no other alternative, the petitioner has approached this Court.
5. This Court directed the 1st respondent Police to take the petitioner to the Government Kasturba Gandhi Hospital for Women and Children and General Hospital, Chepauk, Triplicane, Chennai-600 005, by an order dated 07.06.2019, to get the petitioner medically assessed before undergoing the termination of pregnancy. However, things were not moving at the right pace and the same was brought to the notice of this Court.
6. This Court passed the following order on 12.06.2019.
"This Court by an order dated 07.06.2019 directed the petitioner to be produced before the Head of the Gynaecology Department, Government Kasturba Gandhi Hospital for Women and Children, Triplicane, Chennai to get the opinion regarding the termination of pregnancy sought for by the petitioner.
2. Pursuant to the orders passed by this Court, the petitioner was admitted in the hospital on 08.06.2019 and she was evaluated by the Doctors and it was found that the petitioner is carrying a foetus which is 8 to 10 weeks and the Director of Social Obstetrics, Institute of Social Obstetrics and Govt. Kasturba Gandhi Hospital for Women and Children and General Hospital, Chepauk, Triplicane, Chennai-600 005 has written a letter dated 10.06.2019 to the Dean, Rajiv Gandhi Govt. General Hospital, Chennai-3 to the effect that the medical termination of pregnancy can be performed only by the Medical Board at the Rajiv Gandhi Govt. General Hospital. On the same day, the petitioner was also discharged and sent back home. Unfortunately, the respondent police did not follow up with the letter and produce the petitioner before the Dean of Rajiv Gandhi Govt. General Hospital till today.
3. There shall be a direction to the 1st respondent to immediately take the petitioner to the Dean, Rajiv Gandhi Govt. General Hospital, Chennai. The Dean of Rajiv Gandhi Govt. General Hospital is direc
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