PUJABEN SUBEDAR YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondents.

(2.) By this writ application under Art. 226 of the Constitution of India, the writ applicant, a minor, through her father namely, Subedar Ramchandra Yadav, has prayed for the following reliefs :

(3.) It appears from the materials on record that the minor daughter of Sudedar Ramchandra Yadav is a victim of rape. She is sixteen years of age. On account of rape, she got impregnated. As on date, she is carrying pregnancy of just above twenty weeks. She seeks appropriate orders or directions to the authorities concerned of the Civil Hospital to get the pregnancy terminated. Since the age of the foetus is a bit little above twenty weeks, the permission of the Court is necessary. An F.I.R. has also been registered being IC. R. No.98 of 2017 with the Ramol Police Station, Ahmedabad for the offence punishable under Sec. 376 of the Indian Penal Code and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act, 2012').