ABC Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs;

(2.) Pursuant to the order dtd. 22/8/2023 passed by this Court, learned APP Mr. Patel produced medical reports of the victim girl along with letter dtd. 24/8/2023 of the Chief District Health Officer & Civil Surgeon, Mahatma Gandhi Smarak General Hospital, Surendranagar. The same are taken on record. As per the medical opinion given in the Report of the Medical Board for Pregnancy Termination Beyond 24 weeks dtd. 23/8/2023, the victim girl is carrying pregnancy of 26 weeks as on 23/8/2023. It is also opined that the procedure of termination of pregnancy may be undertaken where the facility of Intensive Care Unit is available on full-time basis.

(3.) The Apex Court in the judgment rendered in the case of X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another reported in AIR 2022 SC 4917 observed in paragraphs-99 & 116 as under;