High Court Sentences Father, Daughter & Son To 6 Months In Jail For Obtaining Abortion Order By Filing False Rape Case and for constituting contempt of court- Madhya Pradesh High Court
The Madhya Pradesh High Court, sentenced father and daughter for framing a false rape case to obtain abortion order for 6 months and father, daughter and brother on the second count of contempt for their irregular appearances and changing stances during the contempt proceedings.
This was seen in the case of SUO MOTO IN THE MATTER OF THE STATE OF M.P. versus FATHER OF PROSECUTRIX “A” [CONTEMPT PETITION CIVIL No. 415 of 2022]. The case was presided over by Justice G. S. Ahluwalia.
FACTS OF THE CASE
The prosecutrix and her father have been held guilty of committing contempt for filing W.P.No.5723/2021 on false averments by taking advantage of the said order, they have succeeded in getting the prosecutrix aborted whereas the fact that she got conceived from his cousin brother was conveniently suppressed. The innovative method adopted by the prosecutrix and her father to kill an unborn baby is against the very purpose of the Medical Termination of Pregnancy Act, 1971
Further, the accused in the case moved a bail application before the Court on the ground that the Prosecutrix and her father had turned hostile before the trial court. In fact, the prosecutrix and her brother had not even appeared before the Trial Court inspite of clear direction by the Court and thus on this count they were held guilty of committing contempt for flouting the order.
JUDGEMENT OF THE CASE
In the light of judgment passed by Supreme Court in the case of Zahira Habibullah Sheikh (5) and another vs. State of Gujarat and others reported in (2006) 3 SCC 374, the prosecutrix and her father are awarded six months simple imprisonment.
The prosecutrix and her brother did not appear before the Trial Court in inspite of clear direction by Court. Thus, they have also been held guilty of committing contempt for flouting the order given by the, Under these circumstances no sympathy can be shown to the persons who have innovated a very unique idea of getting an unborn baby killed by suppressing the identity of the biological father of the fetus. Under these circumstances, prosecutrix, her father, and her brother are awarded six months simple imprisonment. Both the sentences shall run consecutively.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.