ORDER : HASMUKH D. SUTHAR, J. [1.0] The mother of the victim has approached this Court seeking following relief:- “(B) Your Lordship may be pleased to quash and set aside the order dt. 09-06-2025 passed in Cr.Ma No. 218 of 2025 by Ld. Special Judge Narmada at Rajpipla (annexure-C), and allow the present petition. (C) Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the victim who is aged about 14 years and 08 months, at the earliest, as the same being in the 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 Inspector, Rajpipla Police Station, Narmada for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice;” [2.0] Since victim of sexual abuse is a minor, her identity has not been disclosed in this order and she has been referred to as the 'minor’ or the ‘victim' in the entire order. Registry is directed to anonymize the name of the minor / victim in the judgment and all orders that may be passed as well as in the records which are publicly available. [3.0] The facts taken out from the petition, are as under:- [3.1] The petitioner is the mother of the victim, and both are residing together. On 31.05.2025, the victim had gone to the Anganwadi during noon hours. When she did not return home, her younger sister informed the petitioner (mother). During the search for the victim, she was found at an agricultural field situated on the outskirts of the village along with one accused named Vishal. Upon being discovered, the accused fled the scene. When the victim was questioned by her parents, she did not say anything. Thereafter, the petitioner took the victim to the Rajpipla Police Station. However, at the police station, the victim was reluctant to stay with her mother and ultimately, she was sent to the One Stop Center. Upon being discovered, the accused fled the scene. When the victim was questioned by her parents, she did not say anything. Thereafter, the petitioner took the victim to the Rajpipla Police Station. However, at the police station, the victim was reluctant to stay with her mother and ultimately, she was sent to the One Stop Center. Accordingly, an FIR came to be lodged at Rajpipla Police Station, Narmada, being FIR No. 11823017250926 of 2025, for the offences punishable under Sections 6 4 (2)(i), 64(2)(m), 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act. Subsequently, when the deponent visited the One Stop Center to meet the victim, the victim informed her that she had been in a relationship with the accused Vishal for the past six months. Upon medical examination, it was revealed that the victim was pregnant, carrying a gestational age of 13 weeks and 6 days. Following the registration of the FIR, the petitioner filed an application before the learned Sessions Court, Rajpipla, seeking permission for termination of the victim’s pregnancy. The said application was registered as Criminal Misc. Application No. 218 of 2025. However, without properly considering the rival submissions and the relevant provisions of law, the learned Special Judge, Narmada at Rajpipla, vide order dated 09.06.2025, dismissed the petitioner’s application for termination of pregnancy. [4.0] On 12.06.2025, this court has passed following order:- “NOTICE returnable on 13.06.2025. Learned APP waives service of notice on behalf of the respondent – State. Meanwhile, let the victim minor be examined by the empaneled Doctors at General Hospital, Department of OBGY, Rajpipla – respondent No.3 herein, consisting of Medical Superintendent, Senior Female Gynecologist and Psychologist. The victim should be admitted immediately and medical examination shall be carried out to let this Court know as to whether termination of pregnancy is medically feasible considering the fact that she is allegedly victim of rape and her guardian inclines to terminate her pregnancy. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. The investigating ofÏcer is directed to make all necessary arrangement and facilitate the medical examination of the victim and submit a report before the Court tomorrow. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. The investigating ofÏcer is directed to make all necessary arrangement and facilitate the medical examination of the victim and submit a report before the Court tomorrow. Direct service TODAY is permitted.” [5.0] Learned advocate for the petitioner, while reiterating the facts of the case, submits that the minor is a victim of sexual abuse, and an FIR has been registered at Rajpipla Police Station, District Narmada, for the offence of rape. It is submitted that the minor is presently carrying a pregnancy of approximately 14 weeks as on the date of the application. It is further submitted that the pregnancy is a direct consequence of the heinous act committed upon the minor, who, due to her tender age and fragile physical and mental condition, is not in a position to continue with the pregnancy. The continuation of the pregnancy would cause severe psychological trauma and irreparable harm to the mental and physical well-being of the minor. It is also submitted that being a minor, she is neither physically nor emotionally capable of nurturing and raising a child, and such a burden would gravely endanger her health and future. It is further submitted that the continuation of the unwanted pregnancy would also expose the minor to societal stigma and bring unwarranted humiliation, which may have long-term consequences on her emotional and psychological development. In these circumstances, and keeping in view the paramount consideration of the welfare, dignity, and best interest of the victim, it is also prayed that to permit the medical termination of pregnancy in accordance with law. [6.0] The mother of the victim present in the Court stated that it would be in the best interest of the victim to undergo termination of the pregnancy. [7.0] Section 3 of the Medical Termination of Pregnancy Act, 1971 (in short “the Act”) reads as under:- “SECTION 3: When pregnancies may be terminated by registered medical practitioners (1) Notwithstanding anything contained in the Indian Penal Code, 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 subsection (2), account may be taken of the pregnant woman's actual or reasonably foreseeable environment. (4) (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.” [8.0] Before proceeding further to decision on issue, let refer opinion of the medical experts, which reads as under:- ? “As per MTP act amendment 25 th March 2021, termination of pregnancy can be done upto 24 weeks. ? Patient's LMP (Last Menstrual Period) is 25-02-2025 and according to USG done on Swar Sonography center, Rajpipla GMERS Gen. Hospital Rajpipla 04/06/2025 patient is having single live intrauterine fetus of 13 weeks 06 days. Today She have a 15 Weeks pregnancy. ? ? Patient's LMP (Last Menstrual Period) is 25-02-2025 and according to USG done on Swar Sonography center, Rajpipla GMERS Gen. Hospital Rajpipla 04/06/2025 patient is having single live intrauterine fetus of 13 weeks 06 days. Today She have a 15 Weeks pregnancy. ? According to fitness from Medicine Department, ECG changes of Twave inversion were seen. So Physician advice for 2D ECHO. In GMERS Hospital, Rajpipla facility of 2D ECHO is not available. So final Physician fitness for MTP is not given. ? Also allied fitness of Psychiatry department has been obtained. ? As pregnancy is 15 weeks, patient is minor and alleged victim of rape, pregnancy can be terminated with due risks associated with these conditions and with the consent of her guardian. ? Medical termination (Mifepristone and Misoprostol) employed for termination of pregnancy at this maturity of fetus may result in failure, in which case caesarean delivery (Hysterotomy) will be required, which is associated with its own morbidity and mortality and anaesthetic risks. ? Informed consent of the patient and her guardian will be required for performing MTP after explaining the entire likely outcome. ? Also, appropriate guidelines need to be provided and provisions made for testing of products of conception for paternity” [9.0] Explanation to the statutory provision u/s 3(2) of the Act spells that 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. [10.0] In the case of X vs. Union of India reported in 2023(0) AIJEL-SC 72615 , it has been observed in paragraph 14 as under: “14. Where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks, two RMPs must be of the opinion discussed in the preceding paragraph.11 The categories of women where a pregnancy beyond 20 weeks and up to 24 weeks may be terminated are permitted to be prescribed by rules made by the delegate of the legislature. Rule 3B of the MTP Rules (as amended in 2021) provides grounds for the termination of a pregnancy up to twenty-four weeks. Rule 3B of the MTP Rules (as amended in 2021) provides grounds for the termination of a pregnancy up to twenty-four weeks. The termination may be allowed in the following cases or for the following persons: a. Survivors of sexual assault or rape or incest; b. Minors; c. Change of marital status during the ongoing pregnancy (widowhood and divorce); d. Women with physical disabilities with a major disability in terms of the criteria laid down under the Rights of Persons with Disabilities Act, 2016; e. Mentally ill women including mental retardation; f. Foetal malformation that has a substantial risk of being incompatible with life or where in the event of birth, the child may suffer from physical or mental abnormalities and be seriously handicapped; and g. Women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.” In the case of X v. Principal Secretary, Department of Health and Family Welfare reported in 2022 LiveLaw (SC) 809 , the Hon’ble Supreme Court held that the been Rule 3B(c) extend equally to both single and married women and that the benefits of Rule 3B extend to all women who undergo a change in their material circumstances. [11.0] In the facts and circumstances of the case on hand, present case falls under the purview of Section 3 (B) of the MTP Rules, 2021 and this court finds that the right of bodily integrity calls for a permission to allow her to terminate her pregnancy. The opinion of the Doctors clearly warrant the inference that the continuance of the pregnancy involves the risk of a possible grave injury to her mental health as required by Section 3 (2)(i) of the Act. Section 5 of the Act permits termination of pregnancy beyond 20 weeks. The courts have expansively interpreting section 5 of the Act, to permit termination of pregnancy beyond 20 weeks, in circumstances where it is considered imperative to save life of the victim. Rule 3(b) of Medical Termination Pregnancy Rules, 2023 may also be pressed into service. One should not forget that the victim is minor. The Medical Board has opined that the victim is mentally and physically fit to undergo termination of the pregnancy and it will be safe to perform the termination. In these circumstances, it would be poignant to continue with the pregnancy for the minor, which is involuntary in nature. One should not forget that the victim is minor. The Medical Board has opined that the victim is mentally and physically fit to undergo termination of the pregnancy and it will be safe to perform the termination. In these circumstances, it would be poignant to continue with the pregnancy for the minor, which is involuntary in nature. The unwillingness of parents and minor to continue the pregnancy is explicit and expected trauma both physical and mental shall be increased if such pregnancy is allowed to continue and may cause major risk to the body of the minor. In fact, it is her right to terminate the unwanted pregnancy. Therefore, it would be just and proper to permit termination of the pregnancy under the provisions of the Act. [12.0] At this stage, the Court has considered the decision wherein ‘the best interest’ of the victim girl and considering her trauma, mental agony and possibility of social ostracism, the Court is of opinion that when the medical opinion given by the Panel of Doctors is taken into consideration, let termination of pregnancy be carried out at the earliest with medical facilities available to the victim girl and on ensuring proper care in pre-termination and post termination period. [13.0] For the foregoing reasons, this petition is allowed in terms of permitting termination of the pregnancy of the minor to be carried out by the concerned Civil Hospital at the earliest with medical facilities available to the victim girl and on ensuring proper care in pre-termination and post-termination period since present victim is having 15 weeks pregnancy as of now. The Doctors performing termination procedure after taking necessary permission from guardian / parents of the victim shall take necessary steps for termination of pregnancy and thereafter, shall take necessary tissue from the fetus for DNA identification in scientific manner and shall hand it over to the Investigating OfÏcer concerned for onward transmission of the same to the concerned FSL for analysis keeping in mind best welfare of minor victim after termination. If post termination of pregnancy, the victim requires to take treatment, the concerned Civil Hospital is directed to provide all necessary treatment and facility. [14.0] With above observations and directions, present petition stands disposed of. Direct service is permitted. If post termination of pregnancy, the victim requires to take treatment, the concerned Civil Hospital is directed to provide all necessary treatment and facility. [14.0] With above observations and directions, present petition stands disposed of. Direct service is permitted. [15.0] Copy of this order also be provided to learned APP for onward transmission to the concerned Civil Hospital and the concerned Investigating OfÏcer for taking necessary action.