SHEWATA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This petition is filed by one Rudarpal, father of a minor girl, who has been referred to as 'X' in the previous order passed by this Court on 14.09.2015, allegedly aged 14 years, allegedly raped by one Shaukeen, aged 30 years, who was allegedly a tenant in the house of Rudarpal. The alleged occurrence was reported to the police and FIR No.58 dated 21.08.2015 was registered under Section 376 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012 at Police Station Women Cell, Sonepat. Incidentally, 'X' has got pregnant. Her father has filed this petition for seeking a writ in the nature of mandamus, directing the respondents/State Authorities to terminate her pregnancy, inter alia, on the ground that 'X', being a minor girl, is unable to bear the child and would enhance her anguish and agony because of the rape. On 14.09.2015, this Court passed the following order:-

(2.) Undoubtedly, the length of the pregnancy of 'X' is now has exceeded 12 weeks as it is stated that her pregnancy is 31/2 months old, therefore, in view of Section 3(2)(b) of the Act, opinion of two registered practitioners is necessary, before passing any kind of order, who would form an opinion about the termination of the pregnancy of 'X'.

(3.) Pursuant to the request made to the Director, PGIMER, Chandigarh for physical examination of 'X' by two Gynecologists, a team appears to have been constituted under Dr. Vanita Suri, Professor and Head of the Department of Obstetrics and Gynaecology, who had made the following report:-