JANAK RAMSANG KANZARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment is granted. To be carried out forthwith. Rule. Service is waived. With the consent of the learned Counsel for the parties, this application is taken up for final hearing.

(2.) On 28th April 2010, the Court has passed the following order:

(3.) Mr. Hirday Buch, learned Counsel for the petitioner, submits that Minor Janak is aged about 13 years being her date of birth 15.9.1997 and at the time of birth when offence under Section 376 of the IPC was committed, she was aged about 12 years. The factum about the age of the petitioner-victim was also recorded at the time when the Incharge Medical Officer examined the petitioner-victim and the mother of the minor Janak has filed this petition on behalf of minor Janak with a prayer to issue an appropriate direction and permission to undertake termination of pregnancy of the petitioner-victim. In support of the prayer, the learned Counsel for the petitioner has referred to the provisions of Sections 3, 4 and 5 of the MTP Act and emphasized Explanation 1 to Section 3 and submitted that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. It is submitted that, since Minor Janak, aged about 13 years, is the victim of the offence of rape under Section 376 of the IPC, her case is covered by Explanation I and under Clause (a) of Sub-section (2) of Section 3 of the MTP Act. The learned Counsel for the petitioner has referred to Sections 4 and 5 of the MTP Act about the place where pregnancy can be terminated and non-application of Sections 3 and 4 of the MTP Act in certain cases. He invited the attention of this Court to the following decisions: