KHYATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition was listed on Board on 25.06.2021, on which date, this Court has heard the matter and direction was issued to the concerned Medical Officer and the matter was directed to be listed on Board on today i.e. 29.06.2021. However, the same has not been listed. Looking to the urgency involved in the matter, a request was made by the learned advocates appearing for the parties to take up the matter. This Court, therefore, directed the Registry to list this matter on Board today at 2:30 PM.

(2.) By way of the present petition under 'Article 14' and '226' of the Constitution of India as well as under the provision of the 'Medical Termination of Pregnancy (Amendment) Act, 2021 (hereinafter referred to 'MTP Act, 2021' for short), the petitioner has prayed for following reliefs:

(3.) Learned advocate for the petitioner submits the accused named in the FIR produced at Annexure-B at Page No.2 of the compilation, after luring, enticing and intimidating, had developed physical relations with the petitioner - victim girl, for which, the mother of the victim has lodged aforesaid FIR. It is submitted that since the victim was suffering from Typhoid since last three months prior to the lodgment of the FIR, the mother of the victim visited the Doctor for the treatment of Typhoid and, thereafter, the victim was having frequent stomach aches and irregular menses. Therefore, the mother of the victim visited a Gynecologist, who upon sonogrphay done, inform her that victim was having 5 ½ (five and half months) months' pregnancy and as on today, more than 23 weeks and 4 days. It is submitted that the victim is a minor girl aged about 17 years and 4 months. It is submitted that bearing and rearing of a child in the womb would create a great mental agony to her for her entire life and may invite other socio-economical problems.