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Judgment
The present application is filed by the Applicant, through her legal guardian, for the termination her pregnancy, who is a minor on the ground that the continuance of pregnancy would cause grave injury to her. The minor is an unfortunate raped victim, for which offences under sections 363, 366, and 376(2) of the Indian Penal Code has been registered at Bhayavadar Police Station, Upleta, Dist. Rajkot. The victim is a minor girl, 15 year-old, was raped, and she is being conceiving a 16 weeks foetus, is now wishing to terminate the pregnancy with her consent through her legal guardian and father.
This court on 03.05.2017, passed the following order:
"Let urgent notice be issued to the respondents, returnable on 5th May, 2017. Ms. Thakore, the learned APP, waives service of notice for and on behalf of the respondents Nos. 1 and 3.
The Investigating Officer is directed to immediately take the victim for medical examination at the Shri Pandit Dindayal Upadhyay General Hospital, Rajkot A panel of doctors shall examine the victim for the purpose of termination of the pregnancy and file a report before this Court in that regard on 5th May, 2017. The Investigating Officer shall remain present with the report as regards the termination of the pregnancy, and a responsible doctor shall also remain present before this Court.
Direct service is permitted qua the respondent No.2.
Notify the matter as the first matter on the board."
Pursuant to the aforesaid order, as submitted by learned Public Prosecutor Mr. Amin, a panel of Doctors was formed comprising of (1) Dr. Manisha Parmar, Assistant Professor in Gynec Department, (2) Dr. Kavita Dudhrejiya, Incharge HOD, Gynec Department, (3) Dr. Amit Mehta, Assistant Professor, Medicine Department and (4) Dr. Mukesh Patel, Associate Professor, Psychiatry Department. The aforesaid committee has extensively examined the victim and it is opined in the certificate dated 05.05.2017 that she has 15 weeks pregnancy and the Medical termination of pregnancy can be done with due risk of any surgical procedure as per MTP Act.
Dr. Nirav Garal from PDU Medical College, Rajkot, is present before this court and he has submitted that all other parameters of the victim girl are normal as envisaged in the report brought by him.
The Co-ordinate Bench of this court in the order dated 03.05.2017 passed in Special Criminal Application No. 3095 of 2017 in the case of Pujaben Subedar Yadav has extensively
dealt with the pregnancy issue wherein the termination of pregnancy of a victim girl of 16 years was in question. Having perused the entire order, coupled with the order/certificate produced by learned Public Prosecutor, I am of the considered opinion that if similar directions are issued, the same will suffice the interest of the applicant.
As can be seen that the panel of Doctors have suggested a positive report. In view of the said report a further necessary examination shall be undertaken by the team of doctors and they shall proceed for undertaking the necessary and required procedure for termination of the pregnancy of the victim girl at the earliest. As suggested by the learned advocate appearing on behalf of the applicant, the victim girl shall present herself today itself at PDU Medical College, Rajkot.
The Medical Superintendent of the said hospital shall handover, in a scientific manner, the tissues drawn from the foetus for the DNA identification to the investigating officer of the concerned police station for onward transmission of the same to the concerned Forensic Science Laboratory.
Once the termination is over, the victim girl shall continue to receive treatment for the length period deemed necessary by the senior most doctor of the team. With the above direction, this writ application is disposed of. Direct service is permitted today.