The judgment establishes the importance of timely decisions on medical termination of pregnancy for minor victims of sexual offences, emphasizing the need for immediate medical examination, counseling, and preservation of evidence.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ, order or direction in the nature of mandamus directing the 4th Respondent/hospital to admit the petitioner and take necessary medical steps to terminate the pregnancy of the petitioner.

b. Issue a writ, order or direction in the nature of mandamus directing the 4th respondent/hospital to preserve the terminated fetus/product of conception for the purpose of identification and DNA testing & analysis;

c. Issue a writ, order or direction in the nature of mandamus directing the 2nd respondent/police to take all the steps and conduct DNA test at State Forensic Laboratory, Madiwala, Bengaluru to the terminated fetus/product of conception for the purpose of investigation & trial in connection with Crime No. 391/2023 dated 26.11.2023 registered by the 2nd Respondent/police vide Annexure-F

d. Issue a writ, order or direction in the nature of mandamus directing the 3rd respondent/ authority to disburse a sum of Rs. 1,00,000/-(Rupees One Lakh only) and/or any other further amount to the petitioner in order for her to meet the expenses of medical treatments, counselling services & any other medical care that the petitioner may require and

e. Grant such other reliefs, as deemed fit in the circumstances of the case including the compensation, in the interest of justice.

2. The petitioner is a minor girl aged about 17 years represented by her father natural guardian. The petitioner is referred to as the victim and/or Ms.X in order to protect her privacy.

3. The FIR and complaint in Crime No.391/2023 was registered on 26.11.2023 under Section 363 of IPC by the father/natural guardian of the petitioner apprehending that she had been kidnapped/abducted. During the course of investigation, respondent No.2 police traced the petitioner. When she was traced, she revealed that the accused was a resident near to the house of the petitioner and he had firstly taken her to the deserted place and committed an act of sexual intercourse in the back seat of an auto while promising to marry her.

4. Thereafter, he took her away from her parents house and committed the act of sexual intercourse 4 to 5 times instructing the petitioner not to reveal the same to anyone. The petitioner’s menstrual cycle having stopped and the petitioner having done a pregnancy check using a pregnancy kit on 19.11.2023 which stood positive.

5. At that time, the accused promised to marry the petitioner and it is at this stage that the petitioner while standing near the bus stand was secured by the police and thereafter, on conducting a ultrasound video diagnosis, it came to light that the petitioner is pregnant with live intra uterine fetus of 24 weeks + 2 days. Hence, the offences under 376 IPC, Section 5(l) and 6 of POSCO Act as also offences under Section 3(1)(w) (i) and (ii) and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been added to the FIR.

6. In the meanwhile, the petitioner was hospitalized with respondent No.4 and the petitioner and her natural guardian father wishing to terminate her pregnancy and not wanting to continue with the birth of the child had requested the concerned doctors to terminate the pregnancy. However, the pregnancy having crossed 24 weeks and being beyond the limits prescribed under Rule 3B of Medical Termination of Pregnancy Rules, 2003, the petitioner was asked to approach this Court which the petitioner has done.

7. The petitioner being a minor studying in II PUC being of the opinion that if she were to continue with the pregnancy she would not be able to study and also that she would not be able to mingle in the society which would effect her both physically and psychologically is wanting to terminate the pregnancy. It is contended that the petitioner does not wish to continue the unwanted pregnancy which violate the integrity of her body and on account of going through severe mental trauma which would