GOKUL Vs. PUBLIC HEALTH DEPARTMENT

JUDGEMENT

(1.) Heard with consent.

(2.) The present petitioner, who is uncle of the prosecutrix, has filed the this petition for issuance of writ of mandamus, directing for medical termination of pregnancy of the prosecutrix. 2. It is alleged in the writ petition that the mother of the prosecutrix has already left them; the prosecutrix was living with her father and was subjected to rape many times by her own father. As a result of which, first information report dated 17.04.2016 under Sections 376 (2) (h) (i) and 506 of the Indian Penal Code, 1860 and under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 has been registered.

(3.) On 19.05.2016, a direction was issued by this Court to get the prosecutrix girl examined by the Medical Board, M.Y. Hospital, Indore, as early as possible, with regard to medical termination of pregnancy of the prosecutrix and to submit report to this Court.