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2025 Supreme(Online)(MP) 6135

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA, J
PROSECUTRIX X – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: Shri Alok Agnihotri
For the Respondents:

ORDER

In pursuance to the letter addressed to the Principal Registrar (Judicial) dated 23.08.2025, cognizance was taken and the letter was treated as suo moto petition. Accordingly, this writ petition came up for consideration before this Court.

2. The facts of the case, in substance, are that the prosecutrix is minor aged around 17 years. It is alleged that she was sexually assaulted and raped by accused against which an FIR as Crime No. 74 of 2025 registered at Police Station Ramnagar District Maihar for the offences under Sections 137(2), 87, 64(2)(m), 64(2)(h) & 332(b) of the BNS and Sections 5(l)/6, 5(q)/6 of the POCSO Act has been registered. During medical examination, the victim was found to be pregnant.

3. The medical report dated 22.08.2025 reads as under :

"Rajwati Saket D/o Ramsharan Saket examined in presence of medical board and found to be ANC 28 weeks with mild anemia. As the gestational age is more than 28 weeks, fetus has crossed the age of viability. Pregnancy can be terminated/or continued as per the consent of victim/guardians."

4. The order sheet of the trial Court dated 22.08.2025 reads as under :

5. Despite the fact that the consent has not been given by the prose

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