Victim Of Sexual Assault Has To Be Taken To Hospital Within 24 Hours Of Order On Pregnancy Termination- Delhi HC
The Delhi High Court has directed that the investigating officer concerned should produce the sexual assault victim for the purpose of medical termination of pregnancy within 24 hours of passing of such order before the Superintendent of the concerned hospital, even in cases where the gestation period of the pregnancy is less than 20 weeks.
Justice Swarana Kanta Sharma noted with disappointment that:
“It was duty of the doctor concerned to have complied with the order of CWC with care, caution and seriousness as the fetus was one of the most crucial pieces of evidence in a sexual assault case. This evidence has now been lost due to the negligence of the doctor concerned. It was the duty of the doctor to have not discharged the victim till the termination of pregnancy and preservation of the fetus.”
The applicant had filed an application seeking regular bail in a case where he is accused under various sections of the Indian Penal Code (IPC). The case pertains to FIR registered for the offence punishable under Section 363 of the IPC.
The father of the prosecutrix (victim) lodged a complaint with the police stating that his daughter had gone missing on November 24, 2020 at 1:30 PM. The prosecutrix was found and produced before the investigating officer on January 30, 2021, after being missing for about two months.
A medical examination of the prosecutrix was conducted during which a urine pregnancy test (UPT) was found to be positive. In her Medical Legal Case (MLC), the prosecutrix stated that the applicant had established physical relations with her without her consent. The statement of the prosecutrix under Section 164 of the Code of Criminal Procedure (Cr.P.C.) was recorded on February 03, 2021. The accused/applicant was arrested on February 04, 2021. The prosecutrix was subjected to counseling and was produced before the Child Welfare Committee (CWC), Hari Nagar. The CWC granted permission for the medical termination of pregnancy for the prosecutrix, and the procedure was carried out at DDU Hospital, Hari Nagar. After investigation, the police filed a chargesheet, and the Trial Court framed charges under Sections 363, 366, and 376(2)(n) of the IPC.
Advocate Sunil Kumar appeared for the Petitioner and Advocate Manoj Pant (APP) appeared for the Respondent.
The Court considered arguments from both sides and reviewed the case records. The Court noted that crucially, the prosecutrix was only 16 years old at the time of the incident, and her medical examination confirmed pregnancy. Her MLC indicated that the accused had forcibly established physical relations. The testimonies of both the prosecutrix and her father supported the prosecution's case. Considering the seriousness of the allegations, the minor age of the prosecutrix, and the repeated sexual assault, this Court found no grounds for granting bail at this stage.
The Court raised concerns about the medical handling of the case. It was noted that the fetus, crucial evidence in a sexual assault case, was lost due to negligence. The Court emphasized the importance of doctors' responsibilities in such sensitive cases, particularly when minors are involved.
The Court issued several directions to address the inadequacies in handling such cases, including the circulation of existing guidelines, preserving the fetus, recording reasons for discharge without termination, and recording detailed treatment for medical termination of pregnancy. The Court also emphasized the importance of legible medical records.
The Court asked these directions to be circulated in all Delhi hospitals, and compliance reports were asked to be filed within 2 months.
Accordingly, the bail application was disposed of.
Cause Title: Nabal Thakur v. The State
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