The judgment underscores the statutory provisions and judicial interpretations governing the termination of pregnancy under the MTP Act, emphasizing the balance between the rights of the woman and the unborn child.

JUDGMENT

S.K. Panigrahi, J. - "Justice is the sum of all moral duty" as observed by William Godwin who is considered to be one of the first exponents of utilitarianism, justly articulates the relevance in the present case. The Courts are duty bound to come to the rescue of the victims and alleviate their mental agony and suffering especially in cases where there is a lacuna in the law. Interpreting law in a contemporary legal perspective may be necessary to do complete justice in each case. The present petitioner seeks to assail the order dated 09.07.2021 passed by the Ld. S.D.J.M., Banki in G.R Case No. 137 of 2021 under Section 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'the MTP Act' for brevity). Aggrieved by the order, the present petitioner, has approached this Court by way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for brevity).

2. Shorn of unnecessary details, the substratum of the matter presented before this Court states that the petitioner is a resident of Vill- Bania, P.S- Baideswar, Dist- Cuttack. On 14.04.2021, the petitioner while returning to her house was gagged in the mouth by a towel and she was forcibly taken away to the nearby school. Thereafter, the accused persons forcibly committed rape on her and threatened to kill in the event she spoke about the act to her family members or police.

3. The petitioner lost her senses and narrated her ordeal to her father after returning home. The petitioner's father intimated the village gentry about the said incident and consequently, a FIR was lodged in Baideswar Police Station. Pursuant thereto, the IIC of Baideswar Police Station registered the FIR against the present proforma Opp. Party Nos. 4 to 8 for commission of offence u/s 376-D, 506 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the Penal Code' for brevity).

4. Mr. Sarathi Jyoti Mohanty, learned counsel for the petitioner submits that the petitioner, being an unmarried young girl has not just suffered physically and mentally but has also been deprived of maintaining a dignified social life due to commission of the said offence. In fact, rape is understood as humiliation, violation of self-determination and an intimate attack on the woman's personhood. The learned counsel for the petitioner has further submitted that the petitioner has been pregnant for more than 4 months and feels morally insecure to step out of her house due to horrendous social stigma attached to such crime. The social relations between men and women in which violence against women is often taken for granted, especially in cases like these the judge do decide their fate in the decision to abort or not to abort the pregnancy.

5. In the cases of this genre, the medical practice of abortion, legal and illegal, has expanded but the Psycho-physiological and social condition of the rape survivors form the essential aspects of medical judgment especially in therapeutic abortion case. In this context, it is worthwhile to advert to Section 3 of the MTP Act which provides a statutorily protected space as under:

"3. When pregnancies may be terminated by registered medical practitioners.-

(1) Notwithstanding anything contained in the Indian Penal Code [45 of 1860], a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, -

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practit