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2020 Supreme(P&H) 1825

AVNEESH JHINGAN
(Name Of Minor Victim Withheld) Through Her Natural Guardians/parents – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Bhupender Singh, Advocate, for the Appellant; Mr. Gaurav Jindal, Additional A.G., Haryana., for the Respondent

JUDGMENT

Avneesh Jhingan, J. (Oral). - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. The present writ petition raises a disheartening situation whereby 11 years' old girl through her natural guardians have approached this Court seeking directions to undergo medical termination of the pregnancy being a rape victim. The pregnancy has progressed to 23 rd week.

3. It is pleaded that the victim was raped by the respondent No. 5 and she conceived. On the statement made by mother of the victim, FIR No. 45, dated 10.08.2020 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 376-A, 376-B, 452 and 506 of the Indian Penal Code, 1860 was registered at Police Station Assandh, District Karnal, Haryana. The parents gained knowledge of pregnancy when the victim complained of stomach pain and she was taken for treatment, the Doctor informed that she is pregnant. Thereafter, on asking, the victim disclosed that she was raped 4-5 months ago. An ultra-sound was conducted on 11.08.2020 and it was reported :-

    "Single live intrauterine pregnancy of 21w1d+/-2 wks gestation (Biometry attached) with regular cardiac activity an

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