J&K High Court allowed a 15-yr-old rape victim terminate her pregnancy


Jammu: A 15-year-old rape victim was on Tuesday allowed to terminate her nearly a month old pregnancy by the Jammu and Kashmir High Court here.

Disposing of a petition by the father of the victim saying that pregnancy was causing a serious threat to the mental and physical health of her minor daughter, Justice Ali Mohammad Magrey after hearing his counsel Narinder Atri directed the Principal Government Medical College, Jammu, to constitute a medical board comprising subject specialists including a psychiatrist this week for conducting medical examination of the victim afresh. The Board shall meet on February 5, medically examine the victim and furnish the report to the Principal GMC&H, Jammu, and in the event of finding the victim pregnant, recommend termination of her pregnancy, he observed.  

On receipt of the report, Principal shall immediately ensure termination of the pregnancy of the victim, Justice Magrey ordered, adding that necessary measures be also taken for preserving DNA samples of the fetus and for this purpose, the official respondents including police officials shall be associated in the process of completion of the directions.  

The court further directed the Principal GMC to ensure free medical facilities in the event termination of the pregnancy is undertaken.  It also directed the Member Secretary of the J&K State Legal Services Authority to forthwith process the case for payment of compensation as the petitioner approaches for it.

The father of a 15-year-old victim had filed a complaint with Panjtirthi police post that his daughter, a class 10 student, was allegedly kidnapped by one Vikas Bhagwan of Kishtwar. Initially the FIR was registered under Section 363 of IPC and later Section 376 of IPC and Sections 3 and 4 of the of the Protection of Children from Sexual Offences Act, 2012 (POSCO Act) were added.

Meanwhile, Principal Sessions Judge, Reasi, Kamlesh Pandit rejected the bail application of an alleged rape accused Balwinder Singh, saying that offences alleged to have been committed by him are various heinous and are considered to be against the public at large. The court cannot shut its eyes so far as gravity of the offence of concerned and its impact on the society at large unless and until defence proves contrary to the result of the investigation, judge observed.