IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 16537 of 2025 ==========================================================

A B C (VICTIM)

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR PV PATADIYA(5924) for the Applicant(s) No. 1 MS. MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/12/2025

ORAL ORDER

1. The present application has been preferred by the applicant-victim under Articles 226 and 227 of the Constitution of India along with Section 582 of the Code of the Bharatiya Nagrik Suraksha Sanhita, 2023 as well as under the provisions of the Medical Termination of the Pregnancy Act, 2021, in connection with the FIR being No. 11196013250291 of 2025 registered with the Sama Police Station, Vadodara City for the offences punishable under Section64(1), 64(2)(m) of Bharatiya Nyaya Sanhita, 2023, Sections 3(a), 4, 5(L), 5(J)(2), and 6 of Protection of Children from Sexual Offences Act and Section 3(2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged 15 Years and 5 Months, at the earliest, which is in the best interest of the victim considering her physical health and incident of rape causing grave injury to her mental health.

2. On 10.12.2025, this Court passed the following order :-

“1. Learned advocate for the petitioner submitted that the petitioner herein is aged 15 years and 5 months and is victim of offence punishable under the provisions of POCSO Act and because of the offence, the petitioner has attained pregnancy of 28 weeks as on today and having regard to the fact that in view of the petitioner, she is not position to bear the pregnancy any more and she desirous of getting the pregnancy to be terminated.

2. In view of the above, Medical Officer of S.S.G. Hospital, Vadodara shall constitute a committee consisting the Head of the Department of Gynecology as well as other experts who will examine the petitioner on the aspect of termination of pregnancy and shall also indicate the risk in termination of pregnancy. The petitioner shall appear before the committee to be constituted by the S.S.G. Hospital, Vadodara on 11.12.2025. The Committee shall submit its report as regards the termination of pregnancy before this Court on 12.12.2025.

3. S.O. to 12.12.2025. Direct service is permitted TODAY.”

3. Pursuant to the order passed by this Court dated 10.12.2025, the learned APP received a report from the Committee – Associate Professor, Department of Pediatrics, S.S.G. Hospital, Vadodara, dated 11.12.2025 and produced before this Court today. The said report is ordered to be taken on record. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments, viz. gynecologist, psychiatrist, physician and radiologist found the applicant-victim’s pregnancy is 28 weeks, so termination of pregnancy can be done as per MTP Act.

4. Heard learned Advocates for the respective parties and considered the opinion/report submitted by the Committee, Associate Professor, Department of Pediatrics, S.S.G. Hospital, Vadodara, dated 11.12.2025.

5. On hearing both the sides, this Court has noticed that the applicant- victim is alleged to have been raped by the accused named in the FIR being 11196013250291 of 2025 registered with the Sama Police Station, Vadodara City for the offences punishable under Section64(1), 64(2)(m) of Bharatiya Nyaya Sanhita, 2023, Sections 3(a), 4, 5(L), 5(J)(2), and 6 of Protection of Children from Sexual Offences Act and Section 3(2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

6. A panel of doctors have opined that the applicant-victim is already carrying about 28 weeks of pregnancy with a speci