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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 petitioner’s 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]



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