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2020 Supreme(Online)(KER) 9093

HIGH COURT OF KERALA
P.V.ASHA, J
VICTIM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
DR.K.P.PRADEEP, SHRI.HAREESH M.R., SMT.T.THASMI

JUDGMENT

The mother of an unfortunate rape victim minor girl aged 14 years has approached this Court pointing out that the girl is carrying 20 weeks of pregnancy and continuation of her pregnancy would be critical to her health and contrary to her interest. A Crime no.766/2020 has been registered in Manjeswaram Police Station, in respect of the incident. The Writ Petition is filed producing Ext.P2 medical report dated 07.12.2020 and Ext.P3 outpatient record of the girl, which found that she was having 21 weeks and 3 days of pregnancy. It is stated that the victim girl is not mentally prepared to accept the pregnancy and that there is high risk of all obstetric complications in the event of continuation of her pregnancy as she has been subjected to sexual assault.

2. When the matter came up for admission on

09.12.2020, this Court passed an interim order directing the Superintendent of Government Medical College Hospital, Kannur, Pariyaram, to constitute a medical board including a psychiatrist also and to furnish a report on the following:

“(i) Whether the continuance of the pregnancy involves risk to the life of the pregnant child or of grave injury to her physical and mental health ;

(

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