ORDER

1. The minor victim has preferred this petition through her father seeking issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondent No.2 to medically terminate the pregnancy of the victim minor girl, who is only 16 years of age and is a rape victim.

2. On 29.2.2024, the FIR has been lodged by the mother of the minor victim against the accused for the offences under sections 376, 376(2)(n), 376(3) of IPC and other related offences under POCSO Act in police station Samnapur, District Dhindori (M.P). In the medical test itself, the victim has been found to be pregnant. Now, she is carrying pregnancy of 24 weeks and seeks to get it terminated in terms of provisions of Medical Termination of Pregnancy Act, 1971.

On 12.03.2024, this Court has passed following order:-

"Ms. Divyakeerti Bohare - Advocate for the petitioner. Shri V.P. Tiwari - Government Advocate for the respondents/State.

Learned counsel for the petitioner submits that the petitioner is a rape victim and has become pregnant. She is carrying pregnancy of 24 weeks as o f now and seeks to medically terminate the pregnancy as per the provisions of Medical Termination of Pregnancy Act, 1971. For terminating a pregnancy of 12 weeks of the gestation period, satisfaction of one medical practitioner is required. If pregnancy is more than 12 weeks or upto 20 weeks, then satisfaction of two medical practitioners is required. In case of pregnancy of more than 20 weeks, opinion of medical board is required. The age of the victim is about 16 years therefore, the present petition has been filed through her father i.e., her legal guardian, whose consent is material.

In view of the aforesaid, the prosecutrix is directed to appear before the Dean, Netaji Subhash Chandra Bose Government Medical College, Jabalpur, who will constitute a committee of three competent faculty members including the Head of the Department of Obstetrics and Gynecologist. The Committee shall examine the prosecutrix and submit its report as to whether the pregnancy can be safely terminated or not. In view of the Committee so constituted by the Dean, one member shall be from the Department of Radiology, who shall carry out Ultra Sonography, if s o advised by the Gynecologist. The Dean of Netaji Subhash Chandra Bose Government Medical College, Jabalpur, is required to make sure that the report of the Committee is submitted before this Court within two days, keeping in view the urgency involved in this case.

Let a copy of this order be supplied to the learned State counsel during the course of the day so that necessary intimation be sent to the Dean of Netaji Subhash Chandra Bose Government Medical College, Jabalpur, along with this order.

The prosecutrix is directed to appear before the Dean at 11 a.m. sharp tomorrow, i.e., on 13.03.2024. On her appearance, the Committee shall medically examine her and sent the report through proper channel.

List this case on 14.3.2024."

3. In compliance of the aforesaid order, the victim has been medically examined by the duly constituted medical board in the respondent No.2 hospital. The medical board has concluded in the following manner:-

"We have examined the survivor on 13/3/24 at 9 AM. She is aged 16 years (as per Aadhaar card). We have concluded that:-

1. The survivor's pregnancy is approximately 24 weeks. USG documents single live foetus 24 weeks plus 3 days, estimated foetal wt. 737 gms, dated 13/3/24, reviewed by consultant Radiodiagnosis. Her Haemoglobin is 9.7 gm%, dated 12/3/24. Other blood reports have been annexed to this report. Her vitals within normal limits (pulse 90/mt and BP=110/70 mmHg)

2. Till the point of examination, the survivor does not have any complication associated with or caused by pregnancy. Complications in Obstetrics, whether abortion or labour are probable and unpredictable and many times unpreventable. The process of abortion is termed as Mini Labour and hence subject to simi