1 / 5 2025:CGHC:36075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3906 of 2025 ABC (Minor) Through Natural Guardian XYZ ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Ministry of Public Health And Welfare, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2 - Chairman District Medical Board Raipur District- Raipur (C.G.) 3 - Chairman District Medical Board Rajnandgaon, District- Rajnandgaon (C.G.) 4 - The Chief Medical and Health Officer District - Khairagarh-Chuikhadan- Gandai (C.G.) 5 - Head Officer of Department Gynaecologist (H.O.D.) Gynaic District - Khairagarh-Chuikhadan-Gandai (C.G.) 6 - Station House Officer Police Station Khairagarh District - Khairagarh- Chuikhadan-Gandai (C.G.) ... Respondents For Petitioner : Mr. Basant Dewangan, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/07/2025 1. By the instant petition, the petitioner/prosecutrix seeks the following reliefs: ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.25 14:18:24 +0530 2 / 5 “i. To permit the petitioner to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or Hospital. ii. To direct then State to form a panel of expert doctors either at the District Khairagarh- Chuikhadan-Gandai or any Government Medical Hospital Raipur as early as possible for termination of pregnancy of the petitioner. iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. Brief facts of the case, in nutshell, are that the petitioner is a victim of forcible sexual intercourse/rape on the pretext of marriage by accused person. After her reporting the case before respondent No.6, FIR was registered against the accused person under Crime No.362/2025 U/s 64, 62(2)(m), 65(2) of BNS and Sections 4 and 6 of the POCSO Act in Police Station Khairagarh, District Khairagarh- Chuikhadan-Gandai on 19/07/2025. By filing the present petition, the petitioner seeks permission of this Court to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or hospital. She seeks a direction to the concerned authorities to form a panel of expert doctors at District Hospital Rajnandgaon as early as possible for termination of her pregnancy and she is already admitted in the District Hospital Rajnandgaon. 3 / 5 3. On 23.07.2025, while hearing the matter, the Civil Surgeon, District Hospital, Khairagarh-Chhuikhadan-Gandai was directed to conduct medical examination of the prosecutrix/petitioner and give all assistance while giving report on whether the prosecutrix/victim is fit for termination of pregnancy or not and what would be further complications, if the pregnancy is terminated urgently as she is carrying pregnancy of about 22 weeks and one day. The medical examination was directed to be conducted on 24.07.2025 and the report regarding the same was directed to be filed on or before 25.07.2025 for perusal of this Court. Accordingly, Civil Surgeon, District Hospital, Khairagarh-Chhuikhadan-Gandai was directed to conduct medical examination of the prosecutrix. Pursuant to the order passed by this Court the medication examination of the prosecutrix was conducted in District Hospital Rajnandgaon in which the Chief Medical & Health Officer, Rajnandgaon has opined that the pregnancy can be terminated since from the report of the doctor there is nothing to show that the prosecutrix cannot undergo abortion process and her fetus can be terminated. As such, today, learned counsel appearing for the State has produced the report of the concerned doctor i.e. Chief Medical and Health Officer, Rajnandgaon, District Rajnandgaon according to which examination was conducted and the doctor has suggested that the pregnancy of the prosecutrix can be terminated. 4. The medical termination of pregnancy in a case of rape victim has already been considered and decided by the Hon’ble Supreme Court 4 / 5 in a catena of decisions, i.e., Suchita Srivastav and another v. Chandigarh Administration, (2009) 9 SCC 1, X v. Union of India and others, (2016) 14 SCC 382, X and others v. Union of India and others, (2017) 3 SCC 458, Meera Santosh Pal and others v. Union of India and others, (2017) 3 SCC 462, Tapasya Umesh Pisal v. Union of India and others, AIR 2017 SC 3931, Mrs. A v. Union of India and others, AIR 2017 SC 4037, A v. Union of India, (2018) 14 SCC 75, Sarmishtha Chakrabortty and another v. Union of India, (2018) 13 SCC 339, X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and others, AIR 2022 SC 4917 and XYZ v. The State of Gujarat and others, MANU/SCOR/113703/2023. Recently, this Court has also decided a similar issue in WPC No.1637 of 2025 (Abc v. State of Chhattisgarh and another) on 2.4.2025. 5. As such, since the prosecutrix/victim is already admitted in the District Hospital Rajnandgaon, therefore, the concerned Chief Medical and Health Officer, Rajnandgaon is directed to constitute a team of doctors and the team of doctors are directed to again conduct medical examination of the prosecutrix and after conducting examination if the prosecutrix is found mentally and physically fit for termination of pregnancy, the doctors may conduct abortion of the prosecutrix and in this process the prosecutrix may be given full assistance and for that she may be admitted in the hospital. It be ensured that the victim is subjected to termination of pregnancy without any further delay. The DNA sample of the fetus shall also be 5 / 5 taken and preserved for further evidence in the same manner as provided under Rule 6(6) of the Protection of Children from Sexual Offences Rules, 2020 as the criminal case against the accused is still pending. Let this exercise be carried out without any further delay. The Chief Medical and Health Officer, District Hospital, Bilaspur is directed to look into the matter personally and to take every care of the prosecutrix so that she may not face any difficulty. The doctors as well as other staff members are also directed to give proper assistance. They are also directed not to disclose the identity of the prosecutrix. 6. It is further directed that the privacy of the prosecutrix/victim be maintained strictly in view of statutory provisions of Section 5A of the Medical Termination of Pregnancy Act, 1971. 7. With the aforesaid observations and directions, the writ petition is allowed in terms of the prayer made in the instant petition. Certified copy today. SD/- SD/- SD/- (Arvind Kumar Verma) JUDGE ashu