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2014 Supreme(P&H) 595

K.KANNAN
Vijender – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. P.K. Chugh, Advocate.

JUDGMENT

Mr. K. Kannan J. (Oral):- The writ petition is quite a needless exercise.

2. It is a case of a victim of rape seeking for assistance of Court to secure a medical termination of pregnancy through her guardian father. A complaint of rape has been filed and registered in FIR No.346 dated 17.09.2014 under Sections 376(2)/376(2)(1)/376(2)(n)/ 506 IPC. The petitioner has approached the Court of JMIC, Hisar for permission to terminate the pregnancy. The JMIC, Hisar has dismissed the petition stating that there is no provision in law to entertain such an application.

3. It is unfortunate that a Judge had taken an unrealistic view and dismissed the petition. It was, no doubt, not necessary for the petitioner to apply to Court for permission. All that the law requires in a case where a person is victim of rape is to secure the decision of two doctors committee if the pregnancy is more than 12 weeks. The District Medical Officer at the General Hospital, Hisar is directed to constitute a committee of two doctors, examine the rape victim who is said to be pregnant and if she is healthy to withstand the procedure for termination of pregnancy to take such decision in the manner contemplat





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