JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present writ petition has been filed by the father of an unfortunate minor girl of 11 years who is studying in Class V.

2. The minor was a victim of a gang rape, which invited proceedings under Section 376DB of the Indian Penal Code (IPC) and under Section 6(1) of the Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”).

3. The minor, as of today, is pregnant for about 25 weeks and 6 days.

4. The pregnancy was a result of the atrocity committed on the minor victim.

5. The father of the minor, on her behalf, seeks medical termination of the unwanted and unwarranted pregnancy, in view of the trauma which would be suffered by the minor in the circumstances, if the birth of the child goes through.

6. The learned Senior Advocate appearing for the petitioner cites Sections 3 and 5 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as “the 1971 Rules”) as well as the connected Rules of 2003. It is contended that although under Section 3(2)(b), the outer length of pregnancy which can be medically terminated under the Act is 24 weeks. The Act has to be taken as a whole. Explanation 2 of Section 3(2)