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2024 Supreme(Online)(KER) 25288

HIGH COURT OF KERALA
YYY – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

The petitioner's daughter, a 14 year old girl, is pregnant by 28 weeks and 5 days. The pregnancy is alleged to be the result of penetrative sexual intercourse committed by the girl's classmate. Neither the survivor nor the petitioner were aware about the pregnancy until the girl was examined by a Gynecologist. By that time the fetus had crossed the gestational age of 24 weeks, making it impossible to medically terminate the pregnancy without an order from the court. Hence, this writ petition.

2. Learned counsel for the petitioner submitted that the incident has resulted in a crime being registered against the perpetrator for offenses under the Indian Penal Code and the Protection Of Children from Sexual Offences Act, 2012. It is submitted that the survivor is in a state of shock and completion of the pregnancy term and delivery will adversely affect the girl's physical and mental health.

3. Heard Adv. M. Kabani Dinesh, learned Counsel for the petitioner, and Adv. Deepa Narayanan, the learned Senior Government Pleader.

4.Considering the advanced stage of pregnancy, the Superintendent, SAT Hospital, Thiruvananthapuram was directed to constitute a Medical Board for examining the

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