Shabihul Hasnain, J.

1. Considering the nature of issue engaging attention of this Court in this matter, the cause title of this case will now be read as under

"A" through her father "F"

Vs.

State of U.P. through Secretary,

Medical and Health Services and other.

Office to make necessary amendments.

2. This matter arises out of a petition filed by a minor rape victim through her father, who has been named "A" by this Court. Originally, she had prayed that his Court may direct the opposite parties to terminate the pregnancy of the petitioner forthwith. She had also prayed that the opposite parties be directed to conduct DNA test of the foetus for the purpose of evidence and the trial.

3. It is necessary to give factual matrix of the case and subsequent developments in brief to understand the matter in proper perspective. A named F.I.R. was lodged by the father of the victim against the accused (hereinafter they will be known as "F" for father and "M" for the accused. These names are being given by the Court to keep the identity of the victim, her family and the accused under cover). It is mentioned in the F.I.R. that "A" was raped on 17.2.2015. The age of the victim was about 13 years. The First Information Report was registered under Sections 376, 506 IPC and Section 3/4 of Prevention of Children from Sexual Offenses Act, 2012 on 8.7.2015 (case crime No. , district and the location is not being given in the interest of justice). The F.I.R. was lodged with delay due to the reason that the poor child did not tell about the incident to her parents under threat extended by "M" that in case the matter is reported to the father they will both be killed. The matter came to light when "A" complained of pain in the abdomen and was taken to the medical hospital by her sister.

4. After registration of the F.I.R., medical examination of the petitioner was conducted by the Doctor on 8.7.2015 itself. She was found to be pregnant for 21 weeks and two days. Her age was found to be 12 years. The statement of the victim was recorded under Section 161 and 164 Cr.P.C. She corroborated the version of the first information report. She narrated that on 17.2.2015 at about 11.30 p.m. when she was returning from Tilak ceremony, "M" caught hold of her and dragged her to the back of a temple and forcibly committed rape upon her, as a result of which she became pregnant. She has narrated that force was used and she was stopped from shouting by "M". After investigation the police submitted charge sheet against "M" before the Magistrate on 18.3.2015 and "M" was sent to jail.

5. According to the mark-sheet of class V issued by a local school, her date of birth is 15.10.2001 which makes her 13 years of age on the date of occurrence. According to the radiological examination her age was found to be about 12 years on the date of the occurrence.

6. In paragraph 13 of the petition, it has been averred that application was moved for termination of pregnancy medically by competent authority i.e. Chief Medical Officer of the District. It is further mentioned that the application was moved before the Juvenile Justice Board of the District with the prayer to accord necessary permission. It has been categorically stated that permission was refused but we do not have any document to substantiate this statement. However, postal receipts have been attached wherein applications have been found to be sent to the Juvenile Justice Board as well as Chief Medical Officer of the District. We are not sure whether such application ever reached the authorities concerned and were on record or not? However, since no relief could be obtained by the petitioner, she approached this Court through the present petition on 3.9.2015.

7. The matter came up before this Court on 7.9.2015. The matter was argued passionately and it was submitted that unfortunately a minor girl has been subjected to horrendous and despicable act against her will. It was pleaded that on social, moral, physical and psych