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Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): Dipak Misra, Amitava Roy, A. M. Khanwilkar , JJJ

(A) Constitution of India , Art.32— Medical Termination of Pregnancy Act (34 of 1971) , S.3, S.5— Compensation to victim - Non-termination of pregnancy - Woman through rehabilitation centre, seeking termination, making allegations of rape and destitute - Suffering from mild retardation, but in position to give consent - Even after consent Hospital not terminating pregnancy, waiting for medical record to show danger to life of victim - Court further delayed it by impleading husband and father of victim, resulting into non-termination of pregnancy - Pregnancy resulting from rape or failure of birth control methods causes grave injury to mental health of woman - Victim suffering mental trauma of giving birth to child due to negligence of Court and authorities - State directed to pay compensation of Rs. 10,00,000/-, to victim. AIR 2010 SC 235, Disting. Criminal P.C. (2 of 1974) , S.357A— Appellant has suffered grave injury to her mental health. Said injury is in continuance. It is sad thing that despite prompt attempt made by this Court to get her examined so that she need not undergo anguish of bearing a child because she is victim of rape, it could not be so done as medical report clearly @page-SC3909 stated that there was risk to life of victim. Therefore, Court is inclined to think that continuance of injury creat....