Reproductive choice, including the termination of an unwanted pregnancy arising from sexual assault, is an essential component of personal liberty and bodily integrity. Mental trauma caused by such pregnancy, particularly in minors, justifies termination in the best interest of the victim.

ORDER :

Vimal K. Vyas, J.

1. The present application has been preferred by the applicant-victim girl (through her father) under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, in connection with the FIR being C.R.No.11821050251277 of 2025 dated 29.09.2025 registered with the Sagtala Police Station, District Dahod, against the accused persons, for the offences punishable under Sections 376(2)(j), 376(2)(n) of the Indian Penal Code and Sections 87 , 137(2), 65(1) and 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

2. By way of filing the present application, the applicant-victim girl, who is aged about 14 years and 25 days as on date, through her father, has prayed for a direction to the respondent no.3 - authority to terminate her pregnancy, at the earliest, which is in her best interest considering her physical health, and the incident of rape, which caused grave injury to her mental health.

3. On 15.05.2026, a Coordinate Bench of this Court has passed the following order :-

“1. Heard Mr.Mahavir Jebaliya, learned advocate for Mr.Nimesh M. Patel, learned advocate for the applicant as also Ms. Vruna Shah, learned APP for the respondent – State.

2. Mr.Jebaliya, learned advocate would submit that the petitioner happens to be the father of victim girl, aged about 13 years and 8 months, and due to commission of crime in question, she got pregnant and is carrying the fetus around 20 weeks as on date.

3. Ms.Shah, learned APP, under the instructions of the investigating Officer, who is present before the Court, confirms the aforesaid fact.

4. Having heard the learned advocates for the respective parties and after going through the averments made in the petition, it deserves consideration. Hence, at this stage, I pass the following order :-

4.1 NOTICE returnable on 19th May, 2026. Learned APP waives service of notice for and on behalf of the respondent Nos.1 and 2.

4.2 Respondent No.3 is hereby directed to constitute the team of the doctor, who will examine the victim girl i.e. daughter of the petitioner herein and submit the report through the concerned Police Station before the next date of hearing.”

4. Pursuant to the order passed by this Court dated 15.05.2026, the learned APP has submitted a report dated 18.05.2026 of the Medical Superintendent, Zydus Medical College and Hospital, Dahod. On perusing the said report, it appears that after examining the applicant-victim girl, the panel of doctors from different branches/departments, viz. gynecology, medicines, radiology, anesthesia, psychiatrist, etc., found the applicant-victim girl in good health, carrying a fetus with gestational age of 19-weeks & 05-days. Therefore, the panel of doctors has opined that the victim girl is fit for the 2nd Trimester Medical Termination of Pregnancy.

5. Considering the medical opinion of the panel doctors, today this Court virtually interacted with the victim-girl in presence of the learned advocate Mr.Nimesh Patel appearing for the applicant-victim girl and the learned APP Mr.Rohan Raval appearing for the respondent – State. During the interaction, the victim-girl explicitly stated that she does not wish to carry the pregnancy and voluntarily expressed her desire to terminate it, without there being any pressure or coercion from any person, including her parents.

6. Having heard learned advocates appearing for the respective parties and having gone through the averments made