JUDGMENT :

Heard Sri Rahul Mishra, learned counsel for the petitioners and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondents.

2. The petitioners have prayed for the following reliefs :-

"(i) issue a writ, order or direction in the nature of mandamus directing the respondents authorities to terminate the pregnancy of victim/petitioner No. 1 (Minor daughter of the petitioner no. 2) who is a raped victim provided under the relevant provisions of the Medical Termination of Pregnancy Act, 1971. Further prayer has also been made for directing the respondent authorities to accord suitable compensation to the petitioner No. 1 under the U.P. Rani Laxmibai Mahila Samman Kosh Niyamawali, 2015.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 and 4 to conduct medical examination of pregnancy of the petitioner no. 1/victim with two qualified surgeon including Gynaecologist/ Obstetrician in presence of qualified physician with due care, so as to avoid any harm to the physical or mental health of petitioner no. 1/victim after carrying out necessary medical check-up."

3. Learned counsel for the petitioners submits that as per the High School certificate of the first petitioner, her date of birth is 02.07.2005 and presently, she is more than 18 years old. For the first time, the second petitioner (father of the first petitioner ) came to know on 11.05.2023 that her daughter has been sexually assaulted and at the time of incident, she was minor. Consequently, the second petitioner had lodged an FIR against the accused Dileep Kumar @ Golu and the same was registered as Case Crime No.145/2023 under Sections 3 63 and 366 IPC, P.S. Thariyaon, District Fatehpur on 11.05.2023. During the investigation, Section 3 76 IPC and Section 5 /6 of POCSO Act was added against the accused Dileep Kumar @ Golu. Thereafter, the first petitioner moved an application before the District Magistrate, Fatehpur on 29.05.2023 stating that since the first petitioner was forcefully raped by the accused, therefore, they want to terminate the pregnancy of the first petitioner. She has also moved an application before the Chief Medical Officer, Fatehpur on 23.05.2023 for redressal of her grievance. It is submitted that the first petitioner is suffering from mental agony due to her pregnancy, and as such, this Court should come for rescue and reprieve the petitioners.

4. In support of his submission, learned counsel for the petitioner has placed reliance upon the decision in Venkatalakshmi v. State of Karnanata Civil Appeal No.15378/2017 dated 21.09.2017, wherein the Hon'ble Supreme Court had allowed the termination of pregnancy of rape victim beyond the gestational age of 24 weeks. The order is reproduced herein below:-

"Leave granted.

The appellant calls in question the legal propriety of the order dated 31st August, 2017 passed in Writ Petition No.38015 of 2017 whereby the High Court of Karnataka at Bengaluru has declined to entertain the prayer of the petitioner seeking termination of pregnancy. When the matter before this Court was listed on 18th September, 2017, the following order came to be passed:

Let a copy of this special leave petition be served on Mr. V.N.Rathupathy, learned standing counsel for the State of Karnataka.

Signature Not Verified Let a copy of the special leave petition be also provided to Mr.Ranjit Kumar, learned Digitally signed by ASHOK RAJ SINGH Date: 2017.09.21, 19:21:32 IST Reason:

Solicitor General who shall assist us in this matter.

In the meantime, Bangalore Medical College and