38.6c New Delhi, India, Saturday, August 02, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

By Saket Sourav      20 May, 2024 03:52 PM      0 Comments
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child MP High Court

NEW DELHI: The Madhya Pradesh High Court has refused to allow the medical termination of the pregnancy of a minor girl, who was allegedly raped by her brother-in-law.

The court, while rejecting the petition, held that nobody can be allowed to play the game of hide and seek for committing the murder of an unborn child.

This observation came after the prosecutrix and her mother testified in court that they would make every attempt to save the accused during the trial.

The court was hearing a petition filed for the medical termination of the pregnancy of a minor girl, who was allegedly taken away by the accused and was subsequently found to be pregnant. Upon reviewing the case diary, the court found that the allegations were actually against the son-in-law (Damad) of the petitioner. To prevent the misuse of the court's lawful authority to get rid of an unwanted child, the court directed the petitioners counsel to file an affidavit from the petitioner and her husband, stating that they would not turn hostile during the trial.

The court also opined that while witnesses can change their statements during the trial, they cannot be allowed to misuse the lawful authority of the court to kill an unborn baby.

"Considering the real intention behind filing the petition and the admission of the petitioner that she and the prosecutrix would not support the prosecution case in the trial and would make every endeavor to save the accused, this court is of the considered opinion that although the unwanted child may have some adverse effect on the mental status of the girl, if the prosecutrix and her mother are going to retract their statements by claiming that no offense was committed, then this court would like to ignore that aspect," the court stated while rejecting the petition.

In conclusion, the court held that no case was made for the grant of permission for medical termination of pregnancy; therefore, the petition was dismissed.

[Read Order]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents

The Court pointed out one medical document in particular, wherein there was mentioning of labour pains and contradicted that since petitioner is a male, it makes no sense. In view of the above, the Court opined that the Petitioner unabashedly filed fake documents with utter disdain and disregard for the Court.

Glorification of Women versus Belligerent Female Foeticide in India Glorification of Women versus Belligerent Female Foeticide in India

In Voluntary Health Assn. of Punjab v. Union of India, (2013) 4 SCC 1, the Supreme Court in its watershed judgment on female foeticidedecided it to be the most aggravated form of dehumanization of the human race. The court was observed to have stated that the"Law prohibits it; Scriptures forbid it; philosophy condemns it; ethics deprecate it; morality decries it, and social science abhors it. Its time the executive pulled up its socks and tightened the noose around implementation of the PC & PNDT Act. The duality around women with exhalation of deities and contrasting blatant disregard for their basic human rights needs to break the confounds of mere academic debate and reinforce the tenets on which the Constitution of India rests.

High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video] High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video]

Madhya Pradesh High Court's decision regarding Ganga Jamuna School: Principal and teacher prohibited from enforcing 'hijab' on students of Hindu and Jain faiths. Learn about the court's directives and the case details.

Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case

The Supreme Court of India overturns Madhya Pradesh High Court's decision, ordering the appointment of a woman who was previously denied the position of Civil Judge (Junior Division) due to a past minor offence related to a dog bite case. The Court emphasizes fairness and justice in its landmark ruling.

TRENDING NEWS

sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM

TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email