MINOR BHAGWATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of filing the present petition under Article 226 of the Constitution of India, the petitioner - minor Bhagwati, daughter of Madanlal Khatik through her mother and natural guardian Indiraben - wife of Madanlal Khatik, has prayed for following reliefs:-

(2.) The broad facts of the present case are that the petitioner victim minor was born 23.06.2004 and is aged about 15 years. She is victim of rape. It is stated that the petitioner complained of having stomach pain and upon medical check up, the concerned doctor opined that she is carrying two months' pregnancy. The victim was thereafter taken to the Municipal General Hospital, Maninagar, Ahmedabad for medical check up and examination. As per the medical certificate issued by the Medical Officer, the Doctor has opined that she is carrying 28 weeks' pregnancy. In the above stated facts and circumstances, the petitioner has approached this Court by way of filing the present petition seeking permission for termination of pregnancy of minor in respect of her well being future and life.

(3.) Heard learned advocate for the petitioner and learned APP for the respondent State.