IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14355 of 2025 ==========================================================

ABC THRO NARSINHJI @ NARSANG MADHUJI THAKOR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR PV PATADIYA(5924) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 29/10/2025

ORAL ORDER

[1.0] The father of the victim has approached this Court seeking following relief:-

“Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the petitioner who is aged 15 years, at the earliest, as the same being in the best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no.3 to handover, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Mandal Police Station, Ahmedabad (Rural) for onward transmission of the same to the concerned Forensic Science Laboratory, in the interest of justice;

”

[2.0] Since victim of sexual abuse is a minor, her identity has not been disclosed in this order and she has been referred to as the 'minor’ or the ‘victim' in the entire order. Registry is directed to anonymize the name of the minor / victim in the judgment and all orders that may be passed as well as in the records which are publicly available.

[3.0] The facts taken out from the petition, are as under:-

[3.1] The father of the victim, on 24.10.2025 has filed the FIR being CR No.11192035250333 of 2025 with Mandal Police Station, Ahmedabad Rural, for the offences punishable under Sections 65(1), 75(1)(i), 75(I)(ii), 75(2), 76 and 351(3) of Bhartiya Nyay Sanhita and Sections 4, 5(j)2, 6, 8 adn 12 of the Protection of Children from Sexual Offences Act, 2012.

[4.0] On 28.10.2025, this court has passed following order:- “Issue NOTICE making it returnable on 29.10.2025. Learned APP waives service of notice on behalf of the respondent No.1 – State of Gujarat.

Meanwhile, let the victim minor be examined by the empaneled Doctors at General Hospital, Department of OBGY, GMERS General Hospital, Sola Ahmedabad – respondent No.3 herein, consisting of Medical Superintendent, Senior Female Gynecologist and Psychologist. The victim should be admitted immediately and medical examination shall be carried out to let this Court know as to whether termination of pregnancy is medically feasible considering the fact that she is allegedly victim of rape and her guardian inclines to terminate her pregnancy. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. Respondent No.3 is specifically directed to opine about the status of the fetus, as the pregnancy is at 35 weeks. The authority shall also ascertain the calculative risk and complications to the mother (who is a minor herein), as well as the availability of tertiary care facilities to the mother, and clarify the risk factors qua the mother in the event the proposed termination of pregnancy is allowed. The Medical Board is also directed to clearly opine as to whether or not the foetus is viable or alive, and whether the foetus has any abnormality or not. The investigating officer is directed to make all necessary arrangement and facilitate the medical examination of the victim and submit a report before the Court tomorrow.

Direct service TODAY is permitted.”

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[4.1] Pursuant to the aforesaid order, Dr. Bhavika Goswami, Asst. Professor, OBGY Department, GMERS Medical College and Hospital, Sola,. Ahmedabad, has submitted a report today, wherein, it is mentioned as under:-

“Patient was admitted on 25.10.2025 at 01:23 pm in