Gujarat High Court
Priyanka D/O Rajeshbhai Sharma(Minor) ... vs State Of Gujarat on 13 June, 2019
Author: S.H.Vora
Bench: S.H.Vora
R/SCR.A/5994/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5994 of 2019
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PRIYANKA D/O RAJESHBHAI SHARMA(MINOR) THRO RAJESHBHAI
FAGURAM SHARMA
Versus
STATE OF GUJARAT
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR SHRUTI PATHAK, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 13/06/2019
ORAL ORDER
[1] With the consent of learned advocate for the applicant and learned APP, present application is taken up for final disposal, in view of short but serious issue involved in the petition.
[2] Present petition is preferred by the father of the victim girl aged 15 years and 10 months (date of birth 12.07.2003) under Article 226 of the Constitution of India read with provisions of the Medical Termination of Pregnancy Act, 1971.
[3] The Co-ordinate Bench has passed the following order on 06.06.2019 :-
"Stand over to 11.06.2019. In the meanwhile, learned APP to call for the report from Civil Surgeon, Ahmedabad."Page 1 of 5 Downloaded on : Wed Jul 03 00:17:20 IST 2019
R/SCR.A/5994/2019 ORDER [4] Pursuant to the order dated 06.06.2019, learned
APP has received report of Assistant Professor, Department of Obstetrics and Gynecology, Civil Hospital, Ahmedabad to form opinion for medical termination of pregnancy in case of victim girl viz. Ms. Priyanka Sharma.
[5] Report submitted by Assistant Professor, Department of Obstetrics and Gynecology, Civil Hospital, Ahmedabad on 11.06.2019 reads as under :-
"The victim has history of 6 months of amenorrhea (as reported by her) with no complaints at present.
She is hemodynamically stable at present with normal routine antenatal investigations reports. She is having no psychiatric morbidity requiring treatment.
Her date of last menses (LMP) was 12.12.2018 which is suggestive of fetus of maturity of more than 20 weeks at present according to history. Her ultrasound report indicates a live intrauterine fetus of approximate gestational age (maturity) of 20 weeks + 3 days (calculated from her expected date of delivery in ultrasound).
Under the provisions of MTP Act of India, 1971 - medical termination of pregnancy is permissible only upto gestational age of 20 weeks. Hence, under provisions of aforementioned law, termination of this pregnancy would not be possible."Page 2 of 5 Downloaded on : Wed Jul 03 00:17:20 IST 2019
R/SCR.A/5994/2019 ORDER [6] This Court has heard both the sides and considered
the opinion of Assistant Professor, Department of Obstetrics and Gynecology, Civil Hospital, Ahmedabad submitted by learned APP.
[7] Learned advocate for the petitioner submitted that the termination of pregnancy is permissible upto 20 weeks and at the time of examination by concerned Doctor on 11.06.2019, the concerned Doctor indicated that the age of fetus is approximately 20 weeks + 3 days.
[8] Learned APP has urged the Court that the Court may in given set of circumstances of case, issue direction for termination of pregnancy. However, the tissues from foetus may be directed to be handed over for the purpose of DNA sampling in scientific manner to the Investigating Officer.
[9] On hearing both the sides, this Court has noticed that the victim is alleged to have been abducted by the accused, named in the FIR being C.R.No.I-143 of 2018 registered with Gomtipur Police Station for the offence punishable under sections 363, 366, 376(2)(i) and 376(2)N of IPC and under the provisions of Protection of Children from Sexual Offences Act, 2012.
[10] The victim is already carrying 20 weeks + 3 days of pregnancy with specific report that she is fit to medically undergo procedure having no psychiatric morbidity requiring treatment.
[11] At this stage, the Court has considered the decision Page 3 of 5 Downloaded on : Wed Jul 03 00:17:20 IST 2019 R/SCR.A/5994/2019 ORDER
wherein 'the best interest' theory for the victim girl is settled and considering her trauma, mental agony and possibility of social ostracism, the Court is of opinion that when the medical certificate issued by the Assistant Professor 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. The Doctors shall take necessary tissue samples from the DNA identification by following scientific practice for DNA identification and such samples shall be handed over to the Investigating Officer concerned.
[12] Intimation of this order shall be given to the Medical Superintendent, Civil Hospital, Ahmedabad forthwith by the learned APP. Copy of this order shall also be sent by the Registry to the Medical Superintendent, Civil Hospital, Ahmedabad.
[13] Since the victim girl is carrying pregnancy of 20 weeks + 3 days as of now, the Court directs three senior most Gynecologists of Civil Hospital, Ahmedabad to examine the victim girl and also by psychologist attached to the Civil Hospital, Ahmedabad. The said team of Doctors shall examine the victim Ms.Priyanka and after having interaction with her, undertake the procedure of surgery on urgent basis along with other required expert Doctors like Physician, Anesthetic etc. [14] Liberty is reserved in favour of the victim girl to apply for interim compensation before the Chairman, District Legal Services Authority, Ahmedabad (Rural) and on such request being made by the victim in this regard, the concerned Page 4 of 5 Downloaded on : Wed Jul 03 00:17:20 IST 2019 R/SCR.A/5994/2019 ORDER Chairman, District Legal Services Authority after following prescribed procedure shall award interim compensation in accordance with law.
[15] With above directions, present petition stands disposed of.
Direct service is permitted.
(S.H.VORA, J) SATISH Page 5 of 5 Downloaded on : Wed Jul 03 00:17:20 IST 2019