S Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Looking to the issue involved and in order to maintain the secrecy, rather dignity of the petitioner, it is directed that the name of the petitioner in the cause-title be substituted with Ms. 'S' so that her identity is not revealed. The Registry of the Court shall substitute the name of the petitioner with Ms. 'S' in all records, including the official website of this Court.

(2.) The writ petition at hand has been filed by the petitioner 'S'-a 17 years old girl through her natural guardian, i.e. mother praying inter alia that she be allowed to terminate her pregnancy, which had occasioned on account of sexual assault, against which an F.I.R. came to be lodged and the proceedings are pending in a competent Court. Consequent to the rape committed on 'S', she was impregnated and the F.I.R. came to be filed only after she came to realize of her pregnancy.

(3.) Prior to approaching this Court, the petitioner filed an application before the Trial Court seeking permission to terminate her pregnancy. Said application was turned down vide order dated 27.9.2019, inter alia, observing that it does not have jurisdiction/power to pass an order of medical termination of pregnancy.