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2014 Supreme(P&H) 931

K.KANNAN
Bashir Khan – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Keshav Pratap Singh, Advocate, for Mr. Raj Mohan Singh, Advocate, for the petitioner.
Ms. Vandana Malhotra, Additional Advocate General, Punjab

JUDGMENT

K.Kannan, J.

1. The writ petition is at the instance of the parent of a minor girl, called 'the victim' here, who is reported to have been raped as a consequence of which, she has become pregnant. A case has been registered against a person, who was alleged to have committed the rape in FIR No.29, dated 03.04.2014 for offences under Sections 363, 366A, 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

2. The petitioner has approached the SDJM, Balachaur, through an application under Section 3 for termination of her pregnancy. It has been stated in the petition that the victim is only 14 years of age, that she had been illegally abducted and raped. The victim is in fragile health and she did not want to retain the foetus. It was claimed on her behalf by the parent that continuance of pregnancy would involve risk to the life of the victim and cause grave injury to physical and mental health. A statement had been recorded from the victim's mother Alima that she does not want to carry foetus and that she wanted to terminate the pregnancy. The Magistrate has recorded the statement of the victim herself that she had been raped and that she did n










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