Minor rape survivor moves court for abortion; Delhi HC asks medical board to examine her

Justice Anu Malhotra issued the direction on a plea moved by the girl's mother

The Delhi High Court asked a medical board of LNJP Hospital on Thursday to examine a 16-year-old rape victim and determine the feasibility of terminating her around 24 week old pregnancy.

The court directed that the Lok Nayak Jai Prakash Narayan Hospital (LNJP) medical board to give its report on January 18 as to whether the abortion was advisable.

Advocate Vrinda Grover, appearing for the mother, told the court that when her client found that her daughter was pregnant she had lodged a complaint with the police which lodged a zero FIR under section 376 (rape) of IPC and section 6 of Protection of Children from Sexual Offences (POCSO) Act.

Section 6 of POCSO Act provides for punishment for aggravated penetrative sexual assault. Under this provision the minimum sentence awarded is 20 years or life imprisonment for remainder of natural life and the maximum is death penalty.

The maximum sentence under section 376 IPC is life imprisonment.

After lodging the zero FIR the police took the girl for a medical examination after which the mother was told that her daughter was around 24 weeks pregnant, Grover told the court.

She said that her client does not have a copy of the medical report and only the police have it.

Thereafter, Delhi government additional standing counsel (criminal) Avi Singh, appearing for the police, placed the girl's medical report, including the ultrasound report, before the court.