Point of Law: Rape - Termination of pregnancy - Right of privacy of petitioner, medical reports, and bearing in mind best interest principle, petition deserves to be allowed as prayed for only with a view to save and protect life of petitioner – victim.

ORDER :

1. Rule. Learned APP Mr. D. M. Devnani waives service of notice of Rule for the respondent – State.

2. Heard learned advocate Mr. P. V. Patadiya for the petitioner and learned APP Mr. D. M. Devnani for the respondent – State.

3. Learned advocate for the petitioner submits that FIR being C.R.No.11202002211297 of 2021 registered with City 'C' Division Police Station, Jamnagar for the offences punishable under Sections 376(2)(j), 376(2)(n), 114, 506(2) of IPC and Sections 4, 5(L), 5(q), 8, 9(L) of POCSO Act. It is mainly alleged that the accused No.1 viz. Deepak came into contact with the complainant when she went for labour work at the factory of Shri Rameshbhai Dangar. Before about 5 months of lodging of the FIR, though the complainant was minor, she was taken by the accused No.1 inside a room of the factory and committed rape on her for the first time and thereafter also he had committed rape for about five times. Moreover, before about 4 months, the accused No.2 viz. Piyush – son of owner of the factory had also committed rape for the first time after calling the complainant inside the office of the factory and also threatened her to kill her and drive her out from the job if she disclosed the said incident to anyone. Thereafter, he had also committed rape for about four to five times on different occasions and the complainant got pregnant and thereby both the accused have, in connivance with each other, committed the offence punishable under Sections 376(2)(j), 376(2)(n), 114, 506(2) of IPC and Sections 4, 5(L), 5(q), 8, 9(L) of POCSO Act.

4. It is further submitted that the age of the petitioner victim – complainant is 17 years and 8 months.

4.1. At this stage, it is submitted that the victim – petitioner was found to be pregnant and therefore she informed her family members and during the course of medical treatment which was given on 31.05.2021, it was found that the victim was having pregnancy of 23 weeks and 2 days. It is submitted that the petitioner is a victim of rape case and her mental health coupled with the fact that bearing and rearing of a child in the womb would create a great mental agony to her for her entire life and may invite other social economical problems and, hence, the petitioner has expressed her willingness to terminate her pregnancy through her father. It is further submitted that the father of the victim has produced a consent letter on behalf of minor petitioner. Petitioner is also willing to terminate her pregnancy. Learned advocate has referred the consent letter of father of petitioner, copy of which is placed on record at page 34.

5. Learned advocate for the petitioner has placed reliance upon the provision of Medical Termination of Pregnancy (Amendment) Act, 2021 (hereinafter referred to “MTP Act, 2021” for short) and submitted that in the said provision, it is specifically provided that where there is any pregnancy alleged by the pregnant woman to have been caused by rape, anguish cause by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Referring to the said provision, it is contended that the case of the petitioner – victim falls in such criteria and thus, appropriate direction may be issued.

6. Learned advocate for the petitioner has placed reliance upon the judgment of the Hon’ble Apex Court in case of Ms. Z Vs. State of Bihar, reported in (2018) 11 SCC 572 as well as the judgment of this Court in case of Janak Ramsang Kanzariya (minor) through Manjuben Knazar Vs. State of Gujarat & Anr., reported in 2011 Cri.L.J. 1306. Relying upon the judgment of this Court, it is contended that in case of pregnancy of 12 weeks, permission was granted for termination of pregnancy. It is, therefore, urged that this petition be allowed and relief as prayed for be granted.

7. This Court has passed an interim order on 07.06.2021, which reads as under:

1. This application is filed under Article 226 of the Constitution of India in which the petitioner