ORDER 1. 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 17.4.2016 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 19.5.2016, 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. 4. Report dated 23.5.2016 has been submitted by the Medical Board, M.Y. Hospital, Indore. 5. As per report and looking to the period of pregnancy of the prosecutrix, the Medical Board gave the report that she is fit for termination of her pregnancy. Paragraphs No.1 to 5 of the report dated 23.5.2016 is relevant, which read, as under: ^^¼1½ vfHk;ksD=h dqekjh xhrk xHkZorh gSA ¼2½ vfHk;ksD=h dh lksuksxzkQh fnukad 20-5-2016 le; lka; 8%30 cts jsfM;ksykWth fo'ks"kK ¼MkW- fufru f=ikBh½ }kjk dh xbZ ftlds vuqlkj vfHk;ksD=h dks 17 grs o pkj fnu dk thfor xHkZ gSA ftldk otu 207 xzke gSA ¼3½ vfHk;ksD=h ds igpku fpUg bl izdkj gSA ¼d½ ck,a xky ij dkyk fry ¼[k½ ckabZ xjnu ij dkys fry dk fu'kku ¼4½ ,Dl&js fjiksVZ ds vuqlkj vfHk;ksD=h dh mez ianzg ls l=g lky gS tks fd jsfM;ksykWth foHkkx esa inLFk vkj- vks- MkW- fiadh jkor }kjk dh xbZ gSA ¼5½ vfHk;ksD=h dh [kwu o is'kkc dh tk¡pksa dh fjiksVZ lkFk layXu gSA** 6. Learned counsel for the petitioner has drawn my attention to Clause (b) of sub-section (2) of section 3 of the Medical Termination of Pregnancy Act, 1971 and submitted that pregnancy can be terminated subject to the following clause (a) and clause (b) of sub-section (4) of section 3 of the Medical Termination of Pregnancy Act, 1971, which read, as under: - “(a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.” 7. A pregnancy may be terminated by a registered medical practitioners where the pregnancy is not more than twelve weeks, if the medical practitioner, or where the pregnancy is more than twelve weeks, but does not exceed twenty weeks, at least two medical practitioners are of opinion that the continuation of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Pregnancy of any woman, who is less than eighteen years, or is a mentally ill person, can be terminated only, with the consent in writing of her guardian. 8. In the case in hand, the father of the prosecutrix is the main accused. Allegation against him is of committing rape on his own daughter, and therefore, her uncle has filed the present writ petition for termination of pregnancy of the prosecutrix. 9. As per reply filed by the State, medical examination of the prosecutrix (minor) was conducted by a Team of Doctors, comprising three doctors; all the doctors are specialists in Gynaecologist and they submitted a report, which has been reproduced in preceding paragraph. 10. 9. As per reply filed by the State, medical examination of the prosecutrix (minor) was conducted by a Team of Doctors, comprising three doctors; all the doctors are specialists in Gynaecologist and they submitted a report, which has been reproduced in preceding paragraph. 10. On due consideration of the aforesaid and considering the fact that as per the radiological examination report, the prosecutrix was found to be 15 to 17 years of age; as per the USG Examination report dated 20.5.2016, the age of the foetus was determined as 17 weeks and four days, which is also supported by the Medical Report No.798 dated 23.5.2016 of the Medical Board, M.Y. Hospital, Indore. Therefore, in the interest of justice, the prayer for termination of pregnancy of the prosecutrix is allowed, subject to the condition that DNA be also conducted and DNA Report be taken and the same be kept on record, so that if required the same may be produced by the respondent/State in criminal case pending against her father. 11. With the aforesaid direction, Writ Petition No.3509/2016 is allowed and disposed of.