IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6247 of 2026 ==========================================================

XYZ THRO KAMUBEN W/O DEVABHAI SAVABHAI MARU Versus STATE OF GUJARAT & ORS.

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Appearance:

MR VH KANARA(1881) for the Applicant(s) No. 1 MR D V CHAUHAN for NISHITH P ACHARYA(9308) 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 : 04/05/2026

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 528 of the Bharatiya Nagrik 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. 11202014260319 of 2026 registered with the Dhrol Police Station, Jamnagar for the offences punishable under Sections 137(2), 87 of BNS, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged 17 Years and 7 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 30.04.2026, this Court passed the following order :-

"Learned Advocate appearing for the petitioner submitted that the petitioner herein is 17 years and 7 months old and is the victim of the POCSO offence and because of the incident, she has attained pregnancy and presently she is pregnant by 24 weeks and 5 days. She is not desirous of continuing the pregnancy, and therefore, seeks to have the same medically terminated.

2. Let the petitioner be examined by the team of expert doctors, consisting of the Head of the Department of Gynecology at the Civil Hospital, Jamnagar along with the other expert doctors on 01.05.2026.

The report shall be submitted before this Court on 04.05.2026. 3. Stand over to 04.05.2026. Direct service is permitted today."

3. Pursuant to the order passed by this Court dated 30.04.2026, the learned APP received a report from the Committee – Assistant Professor, Professor and Senior Resident, dated 01.05.2026 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/ departments, viz. gynaecologist, psychiatrist, physician and radiologist found the applicant-victim’s pregnancy is 24 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, Obsetrics & Gynaecology Department, Guru Gobind Govt. Hospital, Jamnagar, dated 01.05.2026.

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 11202014260319 of 2026 registered with the Dhrol Police Station, Jamnagar for the offences punishable under 137(2), 87 of BNS.

6. A panel of doctors have opined that, the applicant-victim is already carrying about 24 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 No.2157 of 2023 in Writ Petition (Civil) No.1137 of 2023), the Hon’ble Supreme Court has summarised the law regarding the medical termination of pregnancies. In paragraph-13, the Hon’ble Sup