LAWS(TLNG)-2023-12-9

XYZ Vs. STATE OF TELANGANA

Decided On December 06, 2023
Xyz Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus and thereby to direct the 3rd respondent to constitute a Medical Board as per Provisions of Sec. 3 Amendment Act, 2021 to conduct petitioner's minor daughter's medical examination and to submit a report within a period of 24 hours and consequently direct the 3rd respondent to terminate the pregnancy of the petitioner's minor daughter under the provisions of Sec. 3 (2) (b) of the Medical Termination of Pregnancy (Amendment) Act 2021 within the time frame fixed by the High Court.

(2.) The petitioner is representing her minor daughter. It is the case of the petitioner that the petitioner is a coolie and has three daughters and the second daughter (herein after referred to as victim), aged 15 years was forcibly raped by the petitioner's sister-in-law's son and a case under Sec. 376 (2) (n) IPC and Sec. 5 r/w Sec. 6 of POCSO Act, 2012 has been registered at Police Station, Thipparthy, vide FIR No.184 of 2023 dtd. 11/11/2023.

(3.) It is further submitted that when the victim suffered stomach pain continuously for three days, petitioner approached the Doctor on 16/11/2023 and after examination, the doctor confirmed that the victim is pregnant. Thereafter, the victim had undergone an Antenatal Ultrasound wherein it was revealed that she was carrying a 'SINGLE LIVE INTRAUTERINE FETUS OF AVERAGE GESTATIONAL AGE OF 27 WEEKS 00 DAYS'.