MAFAJI RATUJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India and under the provisions of the Medical Termination of Pregnancy Act, 1971 ('MTP Act' for brevity), by father and guardian of the victim of an offence registered as C.R. No. I-17 of 2017 with Sami Police Station. The offence was initially registered under sections 363 and 366 of the Indian Penal Code ('IPC' for brevity) on 02.02.2017 and subsequently by a report dated 21.03.2017 section 376 of IPC and sections 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for brevity) were added.

(2.) It appears from the record that when the offence took place, the age of the victim was 14 years and 9 months and from the pleadings it appears that as a result of the offence, which the victim suffered at the hands of the accused, she is impregnated. Hence the father of the victim has filed this petition with the prayer as under:

(3.) Heard Mr. Anand J. Yagnik, learned advocate appearing for Mr. Manoj Shrimali, learned advocate for the petitioner. He draws attention of this Court to the birth certificate of the victim and the School Leaving Certificate of the victim to articulate the date of birth of the victim as 01.06.2002, and accordingly she was aged 14 years and 9 months at the time of the offence. Mr. Yagnik, learned advocate for the petitioner drew attention of the Court to the medical case papers to indicate that the victim is pregnant.