JUDGMENT :

1. Rule. Learned APP Mr. L.B. Dabhi waives service of notice for respondents.

2. By way of the present petition under Articles 14, 21, 226 and 227 of the Constitution of India as well as under the provision of the Medical Termination of Pregnancy Act, 1971 and under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for following reliefs:

"A. xxx xxx xxx.

B. Your Lordships may be pleased to issue an appropriate writ, order or direction and Quash and set aside the order dated 07/02/2022 passed by Ld.sessions judge and Spl.judge (pocso), Rajkot (Annexure-A) and permit the minor rape victim to terminate her pregnancy by directing respondent authorities to complete evidence collection and providing best medical facilities as early as possible in the interest of justice.

C. Pending admission and final disposal of this petition Your Lordships may be pleased to direct the respondent authorities to admit and provide medical facilities to the minor rape victim the interest of justice;

D. xxx xxx xxx."

3. Heard learned advocate, Mr. Radhesh Vyas appearing for the petitioner and learned APP Mr. L.B. Dabhi appearing for the respondents.

4. Learned advocate for the petitioner submits that the minor daughter of petitioner was found missing from the house and later on it was learnt that she was kidnapped and raped several times and therefore FIR produced at Pgage no.11 is lodged. It is submitted that after registration of FIR, the victim was sent for medical examination wherein it was learnt that she is pregnant and having gestation period of around 8 weeks and 6 days. As the minor rape victim was not having good mental state owing to the rape and financial sources to raise a child which is a result of rape, the guardian and mother of the victim i.e. the petitioner approached the Sessions Court, Rajkot by way of filing Criminal Miscellaneous Application No.250 of 2022 and sought direction/permission to terminate the pregnancy of her daughter. It is submitted that the rape victim was referred to the Rasoolkhanji Janana Hospital, Rajkot and though the medical officer, after examining the rape victim, gave opinion that the victim is fit for medical termination of pregnancy, the learned Addl. Sessions Judge and Special Judge, (POCSO) Rajkot, by order dated 7.2.2022, rejected the application preferred by the petitioner.

5. Learned advocate for the petitioner has placed reliance upon the provision of the 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 caused 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 daughter of the petitioner - victim girl 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 v. 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 v. 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. On the other hand, learned APP has taken through the factual aspects of the case and also verified the status of the victim girl. It is submitted that after filing of Criminal Miscellaneous Application No.250 of 2022, the rape victim was referred to the Rasoolkhanji Janana Hospital, Rajkot and the medical officer, after examining the rape victim, gave opinion that the victim is fit for medi