S Vs. STATE OF GUJARAT

JUDGEMENT

(1.) For centuries, men and women the world over, across the race and creed have asked the question, "Why, God, why?", when disaster strikes. And, "for centuries, the religion has been trying to answer the question - how a Loving or Just God could allow his children to endure such suffering. The question, "Why Bad Things Happen to Good People?" Torments the soul most during one's hour of grief. However, a convincing answer to the question " Why Bad Things Happen to Good People" continues to elude this Court. The toughest decisions the Judges have to make are really those that involve a potential life changing situation for the litigant.

(2.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

(3.) The facts giving rise to this writ application may be summarised as under: 3. 1 The minor daughter of the writ applicant aged 13 years fell prey to the sexual lust of the accused against whom a First Information Report came to be lodged on 18th December 2017 before the Vijaynagar Police Station, District: Sabarkantha bearing C.R. No.I83 of 2017 for the offence punishable under Sections 376(1) of the Indian Penal Code and sections 4, 5(j)(2) and 8 of the Protection of Children from Sexual Offences Act, 2012. 3. 2 The accused came to be arrested and is in the judicial custody as on date. The victim is studying in standard 8th in the Ashram Shala at village: Vadari. The parents of the victim, all of a sudden, noticed certain physical changes in the victim more particularly, the growing of her stomach. The victim also started complaining of pain and discomfort in her stomach. The parents took the daughter to a Government hospital at Vijaynagar and upon medical examination, it was found that the victim was pregnant. During the course of the first medical examination at the Government hospital at Vijaynagar, the foetus was found to be of about 25 to 27 weeks of age. The parents inquired with the daughter in this regard and the daughter for the first time disclosed about the sexual assault laid upon her by the accused. 3. 3 The father and the victim filed a joint application being the Criminal Miscellaneous Application No.48 of 2018 in the Court of the Sessions Judge, Sabarkantha at Idar, praying for permission to get the pregnancy terminated. The Incharge Special Judge (POCSO) and 2nd Additional Sessions Judge, Sabarkantha at Himmatnagar, passed an order dated 18th January 2018 asking a panel of doctors of the Civil Hospital, Himmatnagar to issue a certificate as regards the condition of the victim as well as the foetus. Pursuant to the order passed by the Special Court below, a team of three doctors conducted the clinical examination of the victim including with other investigations and gave its opinion dated 20th January 2018, which reads as under: