ABC Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein is the rape victim aged 19 years six months has invoked writ jurisdiction of this Court seeking permission to terminate her pregnancy before completion of 24 weeks viz. 7/7/2024. For the sake of convenience, reliefs sought for by the petitioner are reproduced herein under:

(2.) The petitioner has averred in the petition that she is residing with her mother with three siblings in the family. The eldest sister has married and is residing with her husband at Gandhidham- Kutch. Before 8 years, the petitioner mother had got divorced and thereafter the petitioner is residing with her mother in rented premises in the city of Ahmedabad. It is further submitted that due to poor financial condition the petitioner could not complete her study and in order to help the family, she is doing a job in a call center situated at Ashram Road, Ahmedabad. She has a younger sister who is aged 16 years.

(3.) The petitioner had urgently moved before this Court before a vacation bench 13/5/2024. Considering the urgency prayed, for this Court by order dtd. 13/5/2024 upon hearing the learned advocate for the petitioner and considering the averments made, had issued notice upon the respondent authorities. In the meantime, the victim was directed to appear before the panel of senior Doctors of Gynecologist and Obstetrician, at Sola Civil Hospital on 14/5/2024 for her medical examination. The respondent no.3 board was also requested to submit a detail report as to whether the termination of pregnancy is medically feasible or not considering the fact that she was alleged victim of rape and has expressed not to continue with her pregnancy. The only document which has been placed on record to justify the age of the deceased was Aadhar Card. The Investigating Officer was directed to remain present on the next date of hearing with the report of medical examination of the victim.