Court declines ‘rape victim’s’ plea for abortion

  • Dev Sarup Mathur, Hindustan Times, Ambala
  • Updated: Sep 20, 2014 23:35 IST

Days after a 16-year-old alleged rape victim moved a fast track court seeking termination of pregnancy, judge Bimlesh Tanwar dismissed her petition on Saturday.

On September 19, the girl, who claimed she was in the fourth month of pregnancy, had filed an application stating she was a minor and was not fit enough to give birth to a child.

Refusing to grant her permission, the court said girl's parents could, however, seek other remedies under the Medical Termination of Pregnancy Act, 1971.

Sources said the court has ruled that the trial was at the evidence stage it was yet to be proven if the girl was indeed sexually assaulted.

Opposing the abortion application, counsel of the accused, Surjit Kumar, argued on Saturday that the alleged victim was Kumar's lawful wife and to date the marriage had not been declared null and void.

He claimed the victim was denying the marriage “under pressure”, adding that the couple had even approached the high court after they were married in a Gurdwara and were given police protection.

Kumar's counsel also claimed that the victim had admitted being wedded to the accused in her previous statements, adding that they had moved a civil court against the abortion, which remains pending.

The girl's counsel said, “We will file an appeal in the high court.”

The victim had moved the application through her parents in a case in which Kumar and seven others are facing trial under various sections of IPC including rape (376) and Protection of Children from Sexual Offences Act (POCSO).

The victim, who is from Mullana assembly segment, claimed that she was taken to Karnal on April 5 earlier this year with the connivance of a female relative, adding that her parents had lodged a missing person's report at the Saha police station. He said the girl was rescued by the police on July 18, after the police raided several locations.

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