According to the petitioner, he reported the matter to the police on April 13, 2021. So he has no intention to screen the offender since he rightly reported the crime.

The MTP was done on the next day. However, the police sent a letter to the hospital only on April 16, 2021, informing that if the MTP of the victim was carried out, the fetus was to be preserved for DNA examination.

The petitioner reported the crime without much delay, but he did not preserve the fetus as there is no legal mandate to preserve the fetus voluntarily by the doctor and such preservation would be done, only when there was instruction.

To a query regarding guidelines in this regard, the prosecutor informed the court that there are no standing rules or laws or guidelines, which would prescribe automatic preservation of fetuses in cases of MTP involving minor victims.

The court said that when there is no mandate in the form of law or rule, the doctor, who bonafide did MTP and destroyed the fetus, could not be held as a person, who caused the disappearance of evidence of the offence to screen the offender. Hence, the prosecution against the Doctor is unwarranted.

The court also directed the Registry to forward a copy of the order to the law secretaries of the State and Central governments for taking further steps.