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2015 Supreme(All) 3579

SHABIHUL HASNAIN, D.K.UPADHYAY
"A" Through her Father "F" – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

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 year










































































































































































































































































































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