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2020 Supreme(Guj) 570

ASHOKKUMAR C.JOSHI
Thakor Kinjalben Ragnathbhai through Hansaben Ragnathbhai Thakor – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.B. Thakor.
For the Respondent: Mr. Chintan Dave.

ORDER :

1. Heard learned Advocate Mr. R.B. Thakor for the Petitioner and learned APP Mr. Chintan Dave for the respondent State through video conference. Considering the peculiar nature of case, this matter is taken up for final hearing.

2. This Petition is filed by the Petitioner who is the victim of rape case through her legal guardian mother, under Article 226 of the Constitution of India, seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (for short ‘MTP Act’).

3. The petitioner seek relief in terms of paragraph 8 (A) and (B) which reads as under:

    “(A) Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of petitioner-victim Kinjal who is minor aged 14 years, at the earliest, as the same being in best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no. 3 to hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Sub Inspector, Tharad Police Station for onward transmission of the same to the

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