ORDER : PUSHPENDRA SINGH BHATI, J. 1. The petitioner has preferred this misc. petition under Section 482 of Cr.P.C. for the following reliefs:- "1. The respondents may be directed to terminate the pregnancy of the petitioner by a team of expert doctors at Government Medical College after necessary medication examination at the earliest. 2. The respondents may kindly be further directed to preserve the fetus of the petitioner for the purpose of DNA Test, in case any need arises in future." 2. This Court on 05.9.2019 passed following order:- "1. Issue notice. Learned PP accepts notice. 2. The instant writ petition has been filed by petitioner seeking direction of this Court to conduct medical termination of her pregnancy from a recognized hospital having qualified doctors. 2. Upon such limited prayer, this Court directs learned Public Prosecutor to make all necessary arrangement to get a report from Medical Board by directing Principal, Dr. Sampurnanand Medical College, Jodhpur to constitute a Board to examine the petitioner and to report as to whether termination of pregnancy of the petitioner at this stage is safe or not? 3. The petitioner shall report to Principal, Dr. Sampurnanand Medical College, Jodhpur tomorrow morning at 10:30 am. Learned PP shall pass on necessary instructions in this regard. 4. List on 09.9.2019 alongwith a report." 3. In pursuance of order dated 05.9.2019, following report of Medical Board has been furnished in sealed cover, which is taken on record:- "1. On general physical examination no medical complications detected. Her vital parameters are within normal limit. Hemoglobin is 11 gram%. 2. On Obstetric examination Uterus is about 20 weeks size pregnancy. 3. Ultra Sound suggestive of single live fetus, 19 weeks 5 days gestational age, placenta posterior fundal grade I. No congenital anomaly detected (Reports attached). 4. Risk of termination of this pregnancy at this stage will be within the normal acceptable limits for the age of girl and the gestational age." 4. Learned counsel for the petitioner has placed reliance on a judgment dated 15.10.2017 passed by the High Court of Jharkhand in Writ Petition (Criminal) No. 399/2017 wherein the High Court of Jharkhand has permitted the termination of pregnancy and further the fetus of the person concerned was ordered to be preserved for the purpose of conducting DNA Test. 5. Learned counsel for the petitioner has placed reliance on a judgment dated 15.10.2017 passed by the High Court of Jharkhand in Writ Petition (Criminal) No. 399/2017 wherein the High Court of Jharkhand has permitted the termination of pregnancy and further the fetus of the person concerned was ordered to be preserved for the purpose of conducting DNA Test. 5. Learned counsel has further placed reliance on a judgment passed by the Apex Court in the case of Meera Santosh Pal and Ors. v. Union of India and Ors. [Writ Petition (Civil) No. 17/2017] dated 16.01.2017. 6. Learned counsel submitted that the Apex Court considered the necessity of issuing directions to undergo medical termination of pregnancy. Learned counsel further placed reliance on a judgment of the Apex Court in the case of Ms. Chanchala Kumar v. Union of India & Anr. [Writ Petition (Civil) No. 871/2017] dated 21st September, 2017. 7. Mr. Mahipal Bishnoi, learned Public Prosecutor submits that as per the legal provisions contained in the Medical Termination of Pregnancy Act, 1971 (in short 'the Act of 1971'), pregnancy cannot be terminated where length of pregnancy exceeds 20 weeks. Learned counsel submitted that as per sub-section (2) of Section 3 of the Act of 1971, the registered medical practitioner can only perform termination of the pregnancy in certain contingencies and as per the facts which have come in the present case, the petitioner is pregnant for more than 20 weeks. 8. Learned counsel further submitted that in the instant case, the present petitioner has leveled allegation of rape against certain persons and as such the pregnancy is alleged to have been caused by rape and the anguish caused by such pregnancy has been presumed to be a grave injury to the mental health of a pregnant woman. The relevant provision of the Act of 1971 is reproduced hereunder:- "3. The relevant provision of the Act of 1971 is reproduced hereunder:- "3. When pregnancies may be terminated by registered medical practitioners.- (1) XX XX XX (2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,- (a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in good faith, that,- (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health; or (ii) 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. Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Explanation 2.-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman." 9. This Court finds that the Act of 1971 lays down certain restrictions for termination of pregnancy, however, the Apex Court as well as other High Courts have given directions in respect of rape victims permitting the termination of pregnancy. 10. This Court following the law laid down by the Apex Court in the cases of Meera Santosh Pal & Ms. Chanchala Kumari (supra), deems it proper that a suitable direction is required to be given permitting termination of pregnancy of the petitioner even if the fetus is of 22 weeks, as per the report given by the Medical Board dated 25.01.2019. This Court finds that the Board has found the general physical condition of the petitioner to be normal and further the termination of the pregnancy can be done at tertiary hospital with the consent of petitioner's parents as early as possible. 11. This Court finds that the Board has found the general physical condition of the petitioner to be normal and further the termination of the pregnancy can be done at tertiary hospital with the consent of petitioner's parents as early as possible. 11. This Court finds that the rape victim not only undergoes the mental torture but also suffers physically even to the extent of losing her own life due to the unfortunate incident which takes place beyond the control of rape victim. 12. Learned Public Prosecutor, on instructions, submitted that as per report, the termination of pregnancy of petitioner can be performed at Dr. Sampurnanand Medical College, Jodhpur provided proper consent of the parents of petitioner is given for such a procedure. 13. This Court deems it proper to permit termination of pregnancy of the petitioner by a team of expert Doctors at Dr. Sampurnanand Medical College, Jodhpur as early as possible after obtaining necessary consent of parents of the petitioner. 14. This Court further deems it proper to direct the authorities the Medical College to preserve the fetus of petitioner for the purpose of DNA Test, in case any need arises in future. This Court further deems it proper to give urgent directions in the present case as any delay would be very fatal to the petitioner. The petitioner is permitted to go to Dr. Sampurnanand Medical College, Jodhpur as early as possible i.e. within two days and immediately after reporting of the petitioner in the hospital, the hospital authorities are directed to take immediate steps to perform the necessary procedure. 15. The present writ petition is disposed of with aforesaid direction.