Gujarat High Court
Abc Thro Her Mother vs State Of Gujarat on 10 October, 2025
NEUTRAL CITATION
R/SCR.A/13572/2025 ORDER DATED: 10/10/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13572
of 2025
============================================
ABC THRO HER MOTHER
Versus
STATE OF GUJARAT & ORS.
============================================
Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/10/2025
ORAL ORDER
1) The mother of the victim has approached this Court seeking following relief:-
"Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the petitioner who is aged about 14 years and 10 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, Kuvadva Road Police Station, Rajkot City for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice; "
2) 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 Page 1 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025 NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined publicly available.
3) The facts taken out from the petition, are as under:-
3.1) The mother of the victim, on 02.10.2025 has filed the FIR being FIR No.11208037250596 of 2025 with Kuvadva Road Police Station, Rajkot City for the offences punishable under Sections 64(2)(i), 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
4) On 07.10.2025, this court has passed following order:-
"NOTICE returnable on 08.10.2025. Learned APP waives service of notice on behalf of the respondent - State. Meanwhile, let the victim minor be examined by the empaneled Doctors at Shri Pandit Dindayal Upadhyaya General Hospital, Department of OBGY, Nr. Mochi Bazzar, Rajkot - 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 including physical and mental status of the victim as well as is there any abnormality of the fetus. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. The investigating officer 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."
4.1) Pursuant to the aforesaid order, a committee comprising of
1) Medical Superintendent, PDU Hospital, Rajkot, 2) Dr. Jagruti Sutariya, Radiology / Sonography Department, 3) Dr. Hiram Sanghvi, Medicine Department, 4) Dr Kenil Jagani, Psychiatric Department, 5) Dr. Manali Virpariya, Pediatric Department, Page 2 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025 NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined
6) Dr. Kavita Dudhrejiya (Senior Female Gynaec), Obs & Gynaec Department, and 7) Payal Gohel, Psychologist Department, of PDU Hospital and Medical College, Rajkot on 08.10.2025, opined as under:
"6. Opinion by Medical Board for termination of pregnancy:
Considering younger age (14 year DOB 12/11/2010), advanced pregnancy (27 weeks 04 days (USG Dated 02/10/25)), Pregnancy can be terminated with due risk to pregnant mother and newborn baby. Newborn baby would have been suffered from complications of pre-maturity. Termination of pregnancy procedure can be started after informed & written consent of Guardian of victim & court order.
7. Physical & Mental condition of patient: No abnormality detected."
5) However, the said report was incomplete and unsatisfactory and information sought for also not clearly mentioned. Therefore, on 09.10.2025 this Court has passed following order:-
"Learned APP has tendered the report dated 08.10.2025 of Medical Superintendent, PDU Hospital, Rajkot, the same is taken on record.
Perusing the said report it appears that the same is incomplete and unsatisfactory and the information as sought for vide order dated 07.10.2025 qua abnormality of fetus is also not clearly mentioned and is there any risk factor either to victim or fetus is not clearly opined. In view of above the PDU Hospital, Rajkot is directed to submit the report as per the specific guidelines for medical examination without fail on tomorrow i.e. on
10.10.2025.
Though specific report was called for and the learned APP has submitted that despite details in specific format was sought for is sent to the PDU Hospital, Rajkot, the Hospital Authority did not pay any heed to the instructions given by the learned APP.
List the matter tomorrow i.e. on 10.10.2025 on top of Page 3 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025 NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined the board."
5.1) Pursuant to the aforesaid order, a committee comprising of
1) Medical Superintendent, PDU Civil Hospital, Rajkot,
2) Dr. Payal Gohel, Clinical Psychologist, PDU Civil Hospital and
3) Associate Professor, Department of OBG, PDU Medical College & Hospital, Rajkot on 09.10.2025, opined as under:
"Victim needs induction of Abortion/Labour which having risk of complications like failure of induction, operative interventions, hemorrhage, infection, anesthesia risk, rarely thromboembolism and life threatening complication."
6) Learned advocate for the petitioner, after reiterating the facts of the case would submit that the minor is the victim, who is aged 14 years and 10 months, of sexual abuse, she is the victim of alleged offence of rape registered with Kuvadva Road Police Station, Rajkot City. It is further submitted that the minor has developed pregnancy of 28 weeks as on the date of the petition. It is painfully submitted that she was sexually abused by the accused. It is further submitted that because of the sexual abuse, the minor has become pregnant and continuance of pregnancy would defame her in the society. It is also submitted that the minor would not be in a position to maintain the child as her mental and physical conditions are too feeble and weak and she is not fit either physically or mentally due to the incident in question. She is in trauma being result of the incident. It is also stated that considering the immature age of the minor, it is neither possible nor permissible to nurture and maintain the child and also considering that such aspect will tarnish the image and reputation in the society, it is urged to permit to terminate her pregnancy in accordance with law.
Page 4 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined
7) Perusing the record, it further appears that alleged incident is reported on 02.10.2025 and thereafter, on 02.10.2025, victim was referred to Pandit Deendayal Upadhyay Government Hospital, Rajkot and 27 weeks and 4 days pregnancy was noticed. Thereafter, complainant and persons of victim remained silent for quite a long time qua termination of pregnancy. The statements of parents are also recorded by the police in this regard. Thereafter, they have opted to go for termination of pregnancy and then the victim and thereafter, on 06.10.2025, present petition is filed.
7.1) Considering the report submitted by the Medical Board, it appears that termination is at advanced stage more than 28 weeks 5 days and USG abdomen found normal and single live intrauterine fetus was found, her ECG & 2D Echo suggestive of normal but panel of Doctors have opined as under:
"there is chances of survival of neonate after abortion/delivery & consequences of complication of pre-maturity in the form of respiratory distress, intraventricular hemorrhage, retinopathy of prematurity, hypothermia, neurological impairment, neonatal infections, NICU admission, neonatal death & Still Birh etc., was explained to Patient & her relatives."
8) Considering the aforesaid risk factor to the newborn as well as the life of victim as unborn having fundamental rights and victim is also having risk of life threatening complications. Considering aforesaid facts judicial conscience of this Court not inclined to pass any order which put on peril two lives, hence, medical termination of the pregnancy cannot be permitted for the following reasons:
(1) Having crossed the statutory limit of twenty-four Page 5 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025 NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined weeks, the requirements in either of Section 3(2B) or Section 5 must be met;
(2) There are no "substantial foetal abnormalities"
diagnosed by a Medical Board in this case, in terms of Section 3(2B). This Court called for a medical report from Medical Board to ensure that the facts of the case were accurately placed before it and no foetal abnormality was detected; and (3) The report submitted by the Medical Board does not indicate that termination is immediately necessary to save the life of the petitioner, in terms of Section 5.
(4) The health and risk factor of the mother (herein, minor) and even unborn child has right to proper care and nutrition as and when it is fertilized and has a right of protection from unlawful killing and if termination of such alive foetus is permitted, it would be nothing but foeticide.
Though there is no absolute legal status or right recognized by the law, however the Court has to consider the constitutional guarantees of right to live for all human being which obviously includes unborn also in some situation.
Herein, considering the aforesaid facts, though victim is minor, this Court with due sympathy and respect to victim with heavy heart is of the opinion that termination of pregnancy as sought for cannot be permitted as it will lead to commission of another offence of foeticide.
9) For the aforesaid reasons and in view of the decision of the Hon'ble Supreme Court in the case of X vs. Union of India Another reported in 2023 INSC 919, I do not accede to the Page 6 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025 NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined prayer of the petitioner for medical termination of the pregnancy.
10) Hence, present petition is disposed of with following directions:
(i) PDU Hospital & Medical College, Rajkot shall have to take appropriate steps for follow up of the health of minor victim till she delivers the child. Special treatment to new born child is also ordered to be provided including neonatal care as per the requirement for better growth and health of new born child.
(ii) Periodical health check-up of minor victim and new born child should be undertaken by the medical expert.
(iii) After ascertaining the wish of minor victim and physical condition of new born child, custody of new born child be handed over to Specialized Adoption Agency, Rajkot, in the supervision of the Child Welfare Committee.
(iv) After ascertaining the wish of minor victim if she do not want to reside alongwith her family members then the concerned Investigating Officer is directed to make appropriate arrangement to shift the minor victim to Nari Sarankshan Gruh, Rajkot, which shall in turn take care for her better future including to provide educational or vocational training to the minor victim as per the wish of the minor victim.
(v) The State Government to pay all the medical costs of delivery including expenses towards treatment and nutrition of the victim and new born child and all post-
partem expenses for a period of six months.
Page 7 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025NEUTRAL CITATION R/SCR.A/13572/2025 ORDER DATED: 10/10/2025 undefined
(vi) The District Legal Services Authority, Rajkot is directed to take appropriate steps to provide interim compensation as early as possible to minor victim after following due process under the Victim Compensation Scheme.
(vii) The Secretary, District Legal Services Authority, District Rajkot is directed to supervise all the aforesaid directions till the victim delivers and hand over the child for adoption to the Specialized Adoption Agency, District Rajkot.
11) With aforesaid observations and directions, present petition is disposed of. Notice is hereby discharged.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 8 of 8 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 12:57:46 IST 2025