IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 11 OF FEBRUARY, 2026 WRIT PETITION No. 5512 of 2026 PROSECUTRIX X Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri A.S. Baghel - Govt. Advocate for the State.

ORDER Pursuant to the letter addressed to the Registrar General dated 09.02.2026 as per directions issued by the Division Bench of this Court in the case of In reference (suo moto) vs State of M.P. : Writ Petition No. 5184 of 2025 decided on 20.02.2025, 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 a minor girl aged about 13 years is a rape victim. It is alleged that she was sexually assaulted and raped by accused against which an FIR as Crime No. 34 of 2026 for the offences under Sections 351(2), 62(2)(m), 65(1), 332 of the BNS and Section 5l/6, 5j(ii)/6 of the POCSO Act and Sections 3(2)(va), 3(2)(w) and 3(1)(w)(i) of the SC/ST Act has been registered at Police Station Khurai District Sagar (M.P.). During medical examination, the victim was found to be pregnant.

3. It is submitted that the prosecutrix 'X' being a rape victim, is having every right to get the termination of her pregnancy. The report of the Medical Board/MTP Committee comprising of HODs of Pediatrics, Radiodiagnosis, General Surgery, Pathology and Obstetrics and Gynecology of the Bundelkhand Medical College, Sagar dated 07.02.2026 is produced before this Court, the relevant extracts thereof read as follows :

We have examined the survivor on 07-02-2026 at 01:30 pm. She is aged around 13 years as per documents (12 years as per aadhar card). We have concluded that

1- The survivor's Heamoglobin is 9.6 gm/dl dated 07-02-2026.

2- The survivor's pregnancy's Gestational age is appoximately 29 weeks 1 day duration by USG scan dated 07-02-2026 and no obvious detectable congenital abnormality noted from available window.

3- Till the point of examination, the survivor does not have any complication associated with or caused by pregnancy, complication in Obstetrics, whether abortion or labour are probable and unpredictable and many times unpreventable, The process of abortion is termed as mini labour and hence subject to similar complications that tend to occur later in pregnancy and delivery at term, particularly in teenage pregnancy.

4- The patient is not eager to continue the pregnancy, She has no symptoms of addiction, major psychiatric disorder, She however does not seem to mature enough to take care of the baby.

5- There is possibility that the pregnancy, if delivered at present, the baby will be born alive and the chances of survival are fair as eff. fetal wt. is 1355±217 gms. 6- Keeping in mind the above facts, if permitted by the Hon'ble court, her pregnancy will be delivered with utmost care as per medical guideline. It is however medically impossible to predict unforeseen complication and health condition of the survivor post labour.

(cid:1)करण म(cid:6) सिमित का अिभमतः-

Foetus is healthy and more than 28 weeks of gestation (USG on 07-02- 2026-Gestational age 29 weeks 1 day) so that pregnancy cannot be terminated but can be delivered.

4. There is a bar under the Medical Termination of Pregnancy Amendment Act, 2021. For terminating pregnancies exceeding 24 weeks, it is observed that termination can be performed with all the explained risk of the anticipated and unanticipated complications in relation to termination of Rh negative teenage pregnancy (high risk), provided risk of termination is same at this gestation and full term pregnancy. The report clearly indicates that the pregnancy can be terminated subject to certain risks. The risk factors will always be explained to the victim.

5. The relevant provisions under the Medical Termination of Pregnancy Act, 1971 which deal with the cases of termination of pregnancy are as under:

3. When pregnancies