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2023 Supreme(Guj) 802

SAMIR J. DAVE
XYZ – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms Poonam M Maheta

JUDGMENT :

RULE. Learned APP waives service of notice of rule on behalf of the respondents.

1. By way of this petition, the petitioner has prayed for the following reliefs;

    “(A) This Hon’ble Court may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of petitioner-victim who is minor aged 11 years and 9 months and 6 days, 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 Inspector, Dediyada Police Station for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice.

(B) Pending admission hearing and final disposal of this petition, this Hon’ble Court may be pleased to direct the respondent no. 1 to 3 to conduct medical termination of pregnancy of the minor victim with two qualified surgeons including Gynecologist, Obstetrician and in presence of qualified physician with due care and precaution after c

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