ORDER : 1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973 as well as under the provision of the Medical Termination of Pregnancy (Amendment) Act, 2021 (hereinafter referred to “MTP Act, 2021” for short), the petitioner has prayed for following reliefs, “(A) xxx xxx xxx. (B) Your Lordships be pleased to issue a Writ in nature of Mandamus directing the Medical Superintendent of the Sola Civil Hospital to immediate terminate the Pregnancy [currently 9 (nine) weeks] of the present Petitioner – Victim with a further direction to preserve the DNA of the fetus and submit the report to the Investigating Officer in the interest of justice; (C) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to allow the petitioner to terminate her pregnancy by the Medical Superintend, Sola Civil Hospital, Ahmedabad in the interest of justice; (D) xxx xxx xxx.” 2. Heard learned advocate, Mr. Hriday Buch appearing for the applicant and learned APP Mr. D.M. Devnani appearing for the respondents. 3. Learned advocate for the petitioner submits the accused named in the FIR produced at Annexure-B at Page No.10 of the compilation, after luring, enticing and intimidating, had taken away the petitioner – victim girl and developed physical relations with the petitioner – victim girl, for which, the father of the victim has lodged aforesaid FIR and in pursuance thereto, the investigation was carried out and the accused and the victim were intercepted. It is submitted that thereafter, both were sent to undergo medical examination and after having undergone, it was found that the victim was having 7 (seven) weeks pregnancy and as on today, more than 10 weeks. It is submitted that the victim is a minor girl aged about 17 years and, hence, her mental health coupled with the fact that bearing and rearing of a child in the womb would create a great mental agony to her for her entire life and may invite other social economical problems and, hence, the father of the victim had orally requested the Medical Officer, Sola Civil Hospital for termination of her pregnancy, which was denied, which led to submission of written application narrating the said fact with a request for termination of the pregnancy, however till date, no reply has been received by the petitioner. 4. 4. Learned advocate for the petitioner has placed reliance upon the provision of MTP Act, 2021 and submitted that in the said provision, it is specifically provided that where there is any pregnancy alleged by the pregnant woman to have been caused by rape, anguish cause by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Referring to the said provision, it is contended that the case of the petitioner – victim falls in such criteria and thus, appropriate direction may be issued. 5. Learned advocate for the petitioner has placed reliance upon the judgment of the Hon’ble Apex Court in case of Ms. Z Vs. State of Bihar, reported in (2018) 11 SCC 572 as well as the judgment of this Court in case of Janak Ramsang Kanzariya (minor) through Manjuben Knazar Vs. State of Gujarat & Anr., reported in 2011 Cri.L.J. 1306. Relying upon the judgment of this Court, it is contended that in case of pregnancy of 12 weeks, permission was granted for termination of pregnancy. It is, therefore, urged that this petition be allowed and relief as prayed for be granted. 6. On the other hand, learned APP has taken through the factual facts of the case and also verified the status of the victim girl. It is submitted that as per the order dated 04.06.2021 passed by the Coordinate Bench of this Court, the concerned Investigating Officer has taken the victim girl to Medical Officer, Sola Civil Hospital for medical examination on 07.06.2021 and after medical examination, the concerned Medical Officer has submitted his opinion, which is submitted before this Court in a sealed cover, copies of letter from Circle Police Inspector, Dhandhuka Circle, Dhandhuka and opinion given by the concerned Medical Officer in a sealed cover are taken on record. It is pointed out by learned APP that the concerned Medical Officer of Sola Civil Hospital, after carrying out medical examination of the victim girl, has given positive opinion about the termination of pregnancy. It is, therefore, urged that appropriate order be passed. 7. I have heard learned advocate, Mr. Hriday Buch appearing for the petitioner and learned APP Mr. Dharmesh Devnani appearing for the respondents. I have also considered the documents produced on record including the opinion given by the Dr. Hardik Shah, Assistant Professor, GMERS Medical College & Hospital, Sola, Ahmedabad. 8. It is, therefore, urged that appropriate order be passed. 7. I have heard learned advocate, Mr. Hriday Buch appearing for the petitioner and learned APP Mr. Dharmesh Devnani appearing for the respondents. I have also considered the documents produced on record including the opinion given by the Dr. Hardik Shah, Assistant Professor, GMERS Medical College & Hospital, Sola, Ahmedabad. 8. Section 3 of the MTP Act, 2021 reads as under, “3. When pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act. (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 to her 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. (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken to the pregnant woman's actual or reasonable foreseeable environment. (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken to the pregnant woman's actual or reasonable foreseeable environment. (4) (a) … (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.” 9. The opinion given by the Medical Officer of Sola Civil Hospital in pursuance to the order passed by the Coordinate Bench of this Court after medical examination of the victim girl reads as under, - At present patient is having 11 weeks 1 days pregnancy as per LMP 22/03/2021 and USG dated 07/06/2021 suggestive of 10 weeks 3 days pregnancy. - Pregnancy can be terminated with usual risk associated with such condition keeping in mind age of the patient. - Informed consent of the guardian will be required for performing MTP after explaining the entire likely outcome. - Also allied fitness of paediatric, and Anaesthetist is taken after all necessary investigations done. - After opinion and fitness of allied medical specialties termination can be done. - The medical methods (Mifepristone and Misoprostol) employed for termination of pregnancy at this maturity of foetus may result in in failure in which cases dilatation and evacuation (D &E) will be required which is associated with its own morbidity & mortality and anesthesia risks. - Also appropriate guidelines need to be provided and provisions made for testing of Abortus for paternity. - Conclusion: pregnancy can be terminated with usual risk associated with such condition after honourable judge’s permission.” 10. Thus from the above provision, it is clear that as per Section 3 of the MTP Act, 2021, where the length of pregnancy does not exceed 12 weeks, the registered Medical Practitioner and where such length of pregnancy exceed 12 weeks but does not exceed 20 weeks, two Medical Practitioners can terminate the pregnancy. But they have to form an opinion that the continuation of pregnancy would invoke a risk to the life of the pregnant woman or of grave injury to her physical 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. Thus on perusal of Section 3 of the MTP Act, 2021, it is clear that this provision allows abortion only if specific conditions are met with. Therefore on perusal of the opinion given by the Medical Officer after medical examination of the victim girl, it is clear that the Medical Officer has categorically opined that the pregnancy can be terminated. Here in the facts of the present case, pregnancy is of 10 weeks, therefore, the Medical Practitioner/s cannot on its own terminate the pregnancy. If they terminate the pregnancy without the order of the court, the act of the doctor amounts to an offence punishable under the Indian Penal Code or for any other for time being in force. Further, in this case, the petitioner is pregnant because of forcible rape of incident by the accused. As per the contents of the petition, it is submitted that because of continuation of pregnancy, it would cause or constitute a grave injury to the mental health of the minor – victim coupled with the fact that bearing and rearing of child in the womb would create a great mental agony to her for her entire life and invite many other socio-economical problems. This can be said to be a grave injury to the mental health of the pregnant woman. 11. I have also considered the judgment upon which reliance has been placed by learned advocate for the petition in case of Janak Ramsang Kanzariya (supra). In that case aslo, the Court has granted permission for termination of pregnancy of 12 weeks. I have also considered the judgment of Hon’ble Supreme Court in case of Sarmistha Chakraborty Vs. Union of India reported in (2018) 13 SCC 339 , where also the Hon’ble Supreme Court has granted permission to terminate the pregnancy of 25 weeks. 12. Considering the contents of the petition, provision of the applicable law, ratio laid down by the Hon’ble Supreme Court in above referred to cases, right of privacy of the petitioner, medical reports, and bearing in mind the best interest principle, as discussed herein above, I am of the view that the present petition deserves to be allowed as prayed for only with a view to save and protect the life of the petitioner – victim. 13. Therefore, the present petition stands allowed. The concerned Doctor shall terminate the pregnancy with due risk after ANC profile report. 13. Therefore, the present petition stands allowed. The concerned Doctor shall terminate the pregnancy with due risk after ANC profile report. The Medical Superintend, Sola Civil Hospital shall hand over, in scientific manner, the tissues drawn from the foetus for DNA identification to the investigating officer of the crime registered by the petitioner against the accused at Dholera Police Station, Ahmedabad Rural for onward transmission of the same to the concerned Forensic Science Laboratory. Registry to provide copy of this order to learned APP for onward communication and to the learned advocate for the petitioner, to the concerned investigating officer and Sola Civil Hospital, Ahmedabad for follow up action. 14. Rule is made absolute to the aforesaid extent. Direct service is permitted.