IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5613 of 2026 ==========================================================

XYZ Versus STATE OF GUJARAT & ORS.

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Appearance:

MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1 MR. H.K.PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 27/04/2026

ORDER

1. The present application has been preferred by the applicant-victim under Articles 226 and 227 of the Constitution of India and under the provisions of the Medical Termination of the Pregnancy Act, in connection with the FIR being No. 11996001260158 of 2026 registered with the Aagthala Police Station, District Vav – Tharad for the offences punishable under Sections 87, 64(1), 64(2)(m), 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged 28 Years, 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 23.04.2026, this Court passed the following order :-

“1. Learned advocate appearing for the petitioner submits that the petitioner is the victim of the offence of rape and because of the incident, she has attained pregnancy and presently, she is carrying the pregnancy of approximately 8 weeks. She is not desirous of continuing with the said pregnancy and therefore, wants the same to be terminated medically.

2. Having regard to the same, the team of the doctors at Palanpur Civil Hospital, headed by the Head of the Department- Gynecology along with the other expert doctors, shall examine the petitioner for termination of pregnancy and give their opinion with regard to the risk factor involved in medical termination of pregnancy. The examination of the petitioner shall take place on 24.04.2026. The report of examination shall be submitted before this Court on

27.04.2026.

3. S.O. to 27.04.2026. Direct Service permitted, today.”

3. Pursuant to the order passed by this Court dated 23.04.2026, the learned APP received a letter dated 25.04.2026 from the Medical Superintendent, Banas Medical College & Research Institute, Palanpur enclosing therewith Report of the Committee consisting of Associate Professor, Departments of; AP Psychiatry, AP Gynecologist, AP Medicine and Radiologist, BMCRI & General Hospital, Palanpur dated 24.04.2026 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 have found the applicant-victim’s pregnancy is 8 weeks and 5 days, 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, BMCRI & General Hospital, Palanpur dated 24.04.2026.

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 11996001260158 of 2026 registered with the Aagthala Police Station, District Vav – Tharad for the offences punishable under Sections 87, 64(1), 64(2)(m), 351(3).

6. A panel of doctors have opined that the applicant-victim is already carrying about 8 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.

7. Learned APP has urged before this Court that the Court may, in a given set of circumstances, issue a direction for termination of pregnancy. However, the tissues from the fetus may be directed to be handed over for the purpose of DNA sampling in a scientific manner to the Investigating Officer.

8. In the case of X vs. Union of India and Another (Miscellaneous Application