POCSO Act: Madhya Pradesh HC orders shifting of pregnant victim found residing in house of accused-lover

The Madhya Pradesh High Court recently ordered the relocation of a 17-year-old rape victim who was found living in the house of the accused with whom she said she was in love.

Justice Vishal Mishra opined that since the girl is minor, she cannot reside in the house of the accused and needs to be handed over to her parents or shifted to Nari Niketan till she attains the age of majority.

“The prosecutrix is aged about 17 years and being a minor she cannot reside in the house of the accused. Therefore, the Police Authorities are directed to hand over the prosecutrix to her parents and if they are not willing to keep the prosecutrix with them or the prosecutrix show her willingness not to reside with the parents, then she should be shifted to Nari Niketan (Mauganj/ Rewa) under intimation to the Superintendent of Police, District Mauganj. The Superintendent of Nari Niketan is directed to take all care and precaution with respect to the victim/ prosecutrix as she is having pregnancy of 26 weeks & 4 days as per earlier medical report,” the Court ordered.

The order was passed on a petition initiated by the High Court in relation to the pregnancy of the minor. The writ petition was registered suo motu on a reference made by the special judge of POCSO court.

According to a team of doctors, the victim on July 12 was not in a fit position to undergo termination of pregnancy as her Hemoglobin was stated to be 5.3. On July 15, the High Court had called for fresh medical opinion in the case.

However, when police authorities approached the victim to take her for a medical examination, she refused. She said she was in love with the accused and does not want to go for abortion.

Considering her lack of consent, the Court declined to order termination of her pregnancy and disposed of the plea.

Government Advocate Alok Agnihotri appeared for the State.

[Read Order]