"An Unborn Baby Was Killed": MP High Court Issues Contempt Notice To Prosecutrix For Obtaining Abortion Order Allegedly By Filing False Rape Case

Justice G.S. Ahluwalia was essentially dealing with a bail application moved by the Applicant accused U/S 363, 343, 376, 376 (2)(n), 120-B, 376 (d), 109, 366 IPC, and U/S 5L/6, 5/17 POCSO Act.

As per the Applicant, the Prosecutrix had turned hostile by claiming that she was major and that no offence was committed upon her. It was further submitted that even the father of the Prosecutrix specifically stated that her date of birth was not disclosed by him at the time of her admission in school. Therefore, the Applicant argued, it was clear that the prosecution had failed to prove that the Prosecutrix was minor on the date of incident and since she had turned hostile, there was no substantive evidence against him.

After hearing the submissions, the Court opined that "the case in hand depicts very shocking state of affairs".

The Court brought its attention to a writ petition filed by the father of the Prosecutrix for medical termination of pregnancy of his daughter, whereby he submitted that she was a minor, aged about 16 years, and that she was subjected to rape. As a result, he claimed, she became pregnant and her pregnancy would not be in the interest of her justice.

The Court noted that even the state had confirmed the date of birth of the Prosecutrix as per her school record, and had concluded that she was minor and that she got pregnant because of the rape. The bench observed-

Considering the minority, allegation as well as report submitted by the Medical Board which was constituted in compliance of order dated 10.03.2021 passed in W.P. No. 5723/2021, this Court permitted the medical termination of pregnancy. Now the prosecutrix has claimed that she is major and no offence was committed by the applicant. Thus, it is clear that either the prosecutrix has not narrated the truth before the Trial Court or the prosecutrix and her father has filed a writ petition on false averment that the prosecutrix was minor and she got pregnant from the applicant.

Lamenting at how the Prosecutrix and her father misled the courts, which eventually resulted in the death of an unborn child, the Court noted-

So far as the prosecution of prosecutrix and her father for giving false evidence before the Trial Court is concerned, it is yet to be decided by the Trial Court. Therefore, it is left to the discretion of the Trial Court. However in view of the evidence given by the prosecutrix and her father, it is clear that they had filed W.P. No.5723/2021 on incorrect averments, as a result, one unborn baby was killed. This conduct of the prosecutrix and her father cannot be tolerated.

Taking strong exception to the conduct of the Prosecutrix and her father, the Court directed the office to register a case for Contempt of Court against them-

Accordingly, issue show cause notice to the prosecutrix and her father Kunwarlal Yadav to show cause as to why they should not be punished for having committed contempt of Court by filing W.P. No. 5723/2021 on false avertments. Office is directed to register a separate case for Contempt of Court. The notice be served through Superintendent of Police, Datia.

So far as the bail application was concerned, the Court dismissed the same as withdrawn.

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