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Gujarat HC Allows Pregnant Rape Victim To Stay With Accused’s Family [Read Order]

She told the court that she wants to continue with the pregnancy and to live with him.

In a dramatic turn of events, the Gujarat High Court has directed the police to take a pregnant ‘rape victim’ to the family of the ‘rape accused’ after she told the court that she wants to continue with the pregnancy and to live with him.

The court was considering a writ application which stated that the girl is a victim of rape and must be permitted to terminate the pregnancy, as it would not be in her interest to deliver a child.

But Justice JB Pardiwala, who talked with the girl, observed that the averments in the application were untrue. “She has made herself very clear that she wants to continue with the pregnancy and go to the house of Ashwin today itself and would not like to live with her parents. Both the learned APPs did try to explain her that her condition as on date is quite delicate and she would need the care and attention of her mother, but the writ-applicant is quite adamant and firm. She is not an absolute illiterate girl. She has studied up to Standard-12 (Science Stream). Once she makes herself clear that she wants to continue with the pregnancy, she being a major that is the end of the matter,” the court said.

About the mother of the girl, the court said: “She is a broken lady worried about the society rather than her daughter.”

Upon query by the court, the ‘rape accused’ gave assurance that that he would take care of the girl and the court then directed the police to speak to his parents and make it clear that they will have to take care of the girl in all respect. “Let me make myself very clear that this has nothing to do with the offence which Ashwin has committed as alleged. The law will take its own course in this regard,” the court said.

Read the Judgment here.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

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