Kiranben Prabhubhai Shiyaliya (Minor) v. State of Gujarat
2016-09-06
SONIA GOKANI
body2016
DigiLaw.ai
ORDER : SONIA GOKANI, J. The petitioner, through her legal guardian mother, is before this Court seeking direction against the respondent authority to terminate the pregnancy carrying by her daughter who is aged about 14 years of age and is victimized of offence of rape at the hands of her father's friend aged about 48 years. She has urged that this not only taking toll of her physical health but also causing grave injury to her mental health. 2. FIR came to be lodged with Dhoraji Police Station being I.C.R.No 69 of 2016 for the offences punishable under Sections 376(2)(i) and 506(2) of the Indian Penal Code as well as under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ Act). 3. The petitioner has approached this Court with the following prayers. “A. YOUR LORDSHIPS may be pleased to appropriate writ or order or direction to the respondent authority to terminate the pregnancy of petitioner-victim Kiran who is minor aged 14 years, at the earliest, as the same being in best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no. 3 to hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Sub Inspector, Dhoraji Police Station for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice. B. Pending admission hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent no. 1 to 3 to conduct medical termination of pregnancy of the minor victim with two qualified surgeons including Gynecologist, Obstetrician and in presence of qualified physician with duo care and precaution after carrying out necessary medical check-up, so as to avoid any likelihood of untoward harm to the physical or mental healthy of the minor victim Kiran, in the interest of justice. C. YOUR LORDSHIPS may be pleased to grant such other and further relief(s) as deemed fit, just and proper in the interest of justice.” 4. This Court has heard Mr. Rachh, learned advocate for the applicant herself who is present before this Court and Mr. Manan Mehta, learned Additional Public Prosecutor for the State authorities.
C. YOUR LORDSHIPS may be pleased to grant such other and further relief(s) as deemed fit, just and proper in the interest of justice.” 4. This Court has heard Mr. Rachh, learned advocate for the applicant herself who is present before this Court and Mr. Manan Mehta, learned Additional Public Prosecutor for the State authorities. Reliance is placed on the order of this Court rendered in Special Criminal Application No. 3679 of 2016 dated 08.06.2016 5. This Court notices that, victim is carrying pregnancy of 24 weeks presently. She is young and is facing trauma of rape. This Court has been approached for seeking direction of termination of pregnancy. Keeping in mind the theory of ‘best interest principle’, it will be necessary to direct examination of the prosecutrix-victim by a team of three doctors, headed by Senior Superintendent of Civil Hospital, Junagadh after having interaction with her and to decide whether there is serious threat to her life and whether her health and advanced stage permits the fetus be aborted. It is also being further directed that, over and above examination of team of Doctors by Senior Gynecologist report of Psychiatric evaluation, Anesthetic evaluation and all medical and surgical evaluation be placed before this Court. Above all, the general health and possible risk of termination of pregnancy of the victim at this stage shall also be regarded by the doctors while preparing the report. 6. Accordingly, the copy of writ of this order be sent to the Medical Superintendent, Civil Hospital, Junagadh forthwith through the Registry for co-ordination and apt execution on urgent basis, and also to the Investigating Officer. Let the copy of this order be given to the learned Additional Public Prosecutor for onward communication. 7. Let the report be placed before this Court on or before 08.09.2016Let the medical examination of victim girl be completed by tomorrow itself between 11:00 a.m to 2:00 p.m so that necessary report can reach to this Court on or before 08.09.2016 8. Direct service today is permitted.