CD (2021) Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the petitioners and Sri Manish Goel, learned Additional Advocate General, Sri Suresh Singh, learned Additional Chief Standing Counsel, assisted by Sri Hari Keshav, learned Standing Counsel, for the respondents.

(2.) The first petitioner is a victim of gang rape. She has prayed for a mandamus commanding respondent 2 to permit her to terminate her unwanted pregnancy.

(3.) In brief, the case set up in the writ petition is that petitioner no. 1 while on her way to school, was kidnapped. Petitioner 2, who is father and natural guardian of petitioner no. 1, got registered a FIR (Case Crime No. 0036 of 2021) on 29/1/2021, under Sec. 363 IPC, against one Manjit. When even after expiry of five months, the police failed to trace out petitioner no. 1, a writ petition bearing number 4571 of 2021 was filed before this Court, wherein direction was given to the police authorities to ensure recovery of the victim girl. On 22/7/2021, petitioner no. 1 was recovered from the custody of named accused. She was produced before Child Welfare Officer, Bulandshahr and after completing legal formalities, her custody was handed over to her parents. It has transpired during investigation that she was ravaged by named accused Manjit and two others. On 24/7/2021, petitioner no. 1 got herself examined at B.B.D. Government Hospital, Bulandshahr and according to ultrasonography report, her pregnancy was of 14 weeks at that time. Her age has been determined to be sixteen years by CMO, Bulandshahr, as is evident from a certificate issued in that regard dtd. 13/7/2021. The investigating officer upon discovery of evidence regarding rape added Ss. 376, 507 IPC and Sec. 3/4 of the Protection of Children from Sexual Offences Act 2012. The matter is still under investigation. The petitioner is stated to be suffering from extreme mental agony caused by unwanted pregnancy. Reliance has been placed upon Sec. 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the 'Act'), in contending that the pregnancy had resulted in great anguish to her and thus involves grave risk to her mental and physical health.