IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3832 of 2026 ==========================================================

XYZ (MINOR VICTIM) THRO PREMJIBHAI RAMAMBHAI ZALA Versus STATE OF GUJARAT & ORS.

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Appearance:

MS POONAM M MAHETA(11265) for the Applicant(s) No. 1 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 20/03/2026

ORAL ORDER

1. The present application has been preferred by the applicant-victim under Article 226 of the Constitution of India along with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, in connection with the FIR being No.11211035260088 of 2026 dated 13.03.2026 registered with the Muli Police Station, Surendranagar for the offences punishable under Sections 64(2)(i), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(a), 4, 5(j)(ii), 6 and 12 of the Protection of Children from Sexual Offences Act, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged about 14 years 11 months and 17 days, 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 17.03.2026, this Court passed the following order :-

“1. Learned advocate appearing for the petitioner submits that the petitioner is a victim of rape, aged about 14 years and 11 months. Due to this offence, she has attained pregnancy of 25 weeks and she does not wish to continue with the pregnancy and desires to have it terminated medically.

2. Having regard to these aspects, let the prosecutrix be examined by a team of experts consisting of the Head of the Gynecology Department at C. U. Shah Medical College and Government Hospital, Surendranagar along with other team of experts appointed by the Head of Department Gynecology. 3. The examination of the victim shall take place on 18.03.2026. The committee shall submit its report as regards the risk factors involved in the medical termination of pregnancy to this Court on 20.03.2026.

Direct service today is permitted.”

4. Pursuant to the order passed by this Court dated 17.03.2026, the learned APP received a report from the C. U. Shah Medical College, Surendranagar (Medical Board for Pregnancy Termination) dated 18.03.2026. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments found the applicant-victim in good health and carrying a single live intrauterine fetus with gestational age of 26 weeks 02 days. Therefore, they have opined that since the applicant-victim is carrying a live fetus of 26 weeks and 02 days, medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021.

5. Heard learned advocates for the respective parties and considered the opinion/report submitted by the C. U. Shah Medical College, Surendranagar (Medical Board for Pregnancy Termination) dated 18.03.2026, as well as the written submission by the respondent no.1 - State.

7. 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 No.11211035260088 of 2026 dated 13.03.2026 registered with the Muli Police Station, Surendranagar for the offences punishable under Sections 64(2) (i), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(a), 4, 5(j)(ii), 6 and 12 of the Protection of Children from Sexual Offences Act.

8. A panel of doctors have opined that the applicant-victim is already carrying about 26 weeks of pregnancy with a specific report/opinion of the empaneled doctors that medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021.

9. Learned APP ha