(1) DRAFT amendment is granted. To be carried out forthwith. Rule. Service is waived. With the consent of the learned counsel for the parties, this application is taken up for final hearing.

(2) On 28th April 2010, the Court has passed the following order: "1 This petition is filed by Minor Janak Ramsang Kanzaria, through her mother and natural guardian, Smt. Manjuben Ramsang Kanzariya, under Articles 21 and 226 of the Constitution of India, with the following prayers:

"{A} Your Lordship be pleased to pass an order quashing and setting aside the impugned order dated 30.3.2010 passed by the learned Additional Sessions Judge, Dhrangadhra, in Criminal Misc. Application No.27 of 2010 (Annexure "B") and further be pleased to grant permission to the petitioner-victim to terminate the pregnancy as the continuance of pregnancy would cause grave injury to the petitioner-victim;

{B} Pending admission hearing and final disposal of this petition, Your Lordship be pleased to grant permission to the petitioner-victim to terminate the pregnancy as the continuance of pregnancy would cause grave injury to the petitioner-victim as pregnancy is of 12 weeks presently, in the interest of justice;"

2. The petitioner-victim was born on 15.9.1997, aged about 13 years and the victim of rape while she was of about 12 years, pursuant to which, offence under Sections 376 and 506(2) of the Indian Penal Code came to be registered with Halvad Police Station, District Surendranagar, being C.R. No.I-32 of 2010. The criminal case, so registered above, is being investigated and no final report is submitted as required under Section 173(2) of the Code of Criminal Procedure, 1973 [for short, 'the Code']. When the above complaint is pending for investigation, it has come to the notice of the parents of the petitioner-victim that she is pregnant and, with the consent of the petitioner-victim, they have decided to terminate pregnancy and, therefore, they approached the Medical Practitioner but, in view of the pending criminal case, it was decided by the experts and the Doctor to obtain permission of the Court. Accordingly, Criminal Misc. Application No.27 of 2010 was preferred in the Court of the learned Additional Sessions Judge, Dhrangadhra, with a prayer to grant permission for termination of pregnancy of the petitioner-victim. the learned Additional Sessions Judge, Dhrangadhra, after considering the first information report, medical case papers and the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 [for short, "MTP Act"], observed that, prima-facie, the petitioner-victim has failed to prove the child to be born is likely to suffer any physical or mental disability and, therefore, pregnancy cannot be ordered to be terminated and by order dated 30.3.2010, Criminal Misc. Application No.27 of 2010 came to be rejected. Hence, the present petition is filed with the prayers mentioned hereinabove.

3. Mr. Hirday Buch, learned counsel for the petitioner, submits that Minor Janak is aged about 13 years being her date of birth 15.9.1997 and at the time of birth when offence under Section 376 of the IPC was committed, she was aged about 12 years. The factum about the age of the petitioner-victim was also recorded at the time when the Incharge Medical Officer examined the petitioner-victim and the mother of the minor Janak has filed this petition on behalf of minor Janak with a prayer to issue an appropriate direction and permission to undertake termination of pregnancy of the petitioner-victim. In support of the prayer, the learned counsel for the petitioner has referred to the provisions of Sections 3, 4 and 5 of the MTP Act and emphasized Explanation 1 to Section 3 and submitted that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. It is submitted that, since Minor Janak, aged about