MS. X (MINOR) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition has been filed by the father of the minor petitioner to issue a writ in the nature of mandamus commanding and directing the respondent no.1, State of Uttarakhand, and, the respondent no.2, the Chief Medical Officer, Chamoli, to ensure immediate medical termination of petitioner's pregnancy after taking all precautions as required to be taken medically and legally.

(2.) The case of the petitioner is that the petitioner, aged about 16 years, is a rape victim. An FIR was lodged on 12/1/2022, at Revenue Police Station, Pokhari/Jilasu, District Chamoli and it has been registered as Case Crime No.01 of 2022, against named accused under Sec. 376 of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012. The medical examination of the petitioner was conducted on 11/2/2022. She was advised Obstetrical Ultrasound (Sonography) test, which confirmed that she had a Single Live Intrauterine Fetus of 27 weeks 4 days (+) 15 days.

(3.) Heard Mrs. Monika Pant, the learned counsel appearing for the petitioner and Mr. T.S. Fartiyal, the learned Additional Chief Standing Counsel for the State through video conferencing.