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2016 Supreme(Guj) 974

SONIA GOKANI
Madhuben Arvindbhai Nimavat – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Jignesh L. Hajare, Advocate.
For the Respondent: Ronak Raval, A.P.P.

ORDER :

1. Petitioner herein is a minor girl who through her legal guardian and father who is a labourer has preferred this petition under Article 226 of the Constitution of India seeking termination of pregnancy. She is a victim of rape and aged about 14 years. The FIR came to be filed with Mahila Police Station, Rajkot being I-CR No. 51 of 2016 for the offence punishable under Section 376 of the Indian Penal Code.

2. Following are the prayers sought for by the present petitioner in terms of Paragraph 7 of the petition, which are reproduced hereunder:-

"(a) Your Lordships may be pleased to admit this Special Criminal Application.

(b) Your Lordships may be pleased to allow this Special Criminal Application by issuing appropriate Writ or order or direction to the respondent authority to terminate the pregnancy of victim Madhu who is minor daughter of petitioner, at the earliest, as the continuance of pregnancy would cause grave injury to the victim minor girl Madhu in the large interest of justice.

(c) Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent No. 1 to 3 to conduct medical termination of pregnancy of the minor vi















































































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