Gujarat High Court
Abc Thro Narsinhji @ Narsang Madhuji ... vs State Of Gujarat on 29 October, 2025
NEUTRAL CITATION
R/SCR.A/14355/2025 ORDER DATED: 29/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14355 of 2025
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ABC THRO NARSINHJI @ NARSANG MADHUJI THAKOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 29/10/2025
ORAL ORDER
[1.0] The father 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 15 years, 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 handover, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Mandal Police Station, Ahmedabad (Rural) for onward transmission of the same to the concerned Forensic Science Laboratory, in the 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 father of the victim, on 24.10.2025 has filed the FIR being CR No.11192035250333 of 2025 with Mandal Police Station, Ahmedabad Rural, Page 1 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Oct 29 2025 Downloaded on : Wed Oct 29 22:46:23 IST 2025 NEUTRAL CITATION R/SCR.A/14355/2025 ORDER DATED: 29/10/2025 undefined for the offences punishable under Sections 65(1), 75(1)(i), 75(I)(ii), 75(2), 76 and 351(3) of Bhartiya Nyay Sanhita and Sections 4, 5(j)2, 6, 8 adn 12 of the Protection of Children from Sexual Offences Act, 2012.
[4.0] On 28.10.2025, this court has passed following order:-
"Issue NOTICE making it returnable on 29.10.2025. Learned APP waives service of notice on behalf of the respondent No.1 - State of Gujarat.
Meanwhile, let the victim minor be examined by the empaneled Doctors at General Hospital, Department of OBGY, GMERS General Hospital, Sola Ahmedabad - 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. Respondent No.3 is specifically directed to opine about the status of the fetus, as the pregnancy is at 35 weeks. The authority shall also ascertain the calculative risk and complications to the mother (who is a minor herein), as well as the availability of tertiary care facilities to the mother, and clarify the risk factors qua the mother in the event the proposed termination of pregnancy is allowed. The Medical Board is also directed to clearly opine as to whether or not the foetus is viable or alive, and whether the foetus has any abnormality or not. 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, Dr. Bhavika Goswami, Asst. Professor, OBGY Department, GMERS Medical College and Hospital, Sola,. Ahmedabad, has submitted a report today, wherein, it is mentioned as under:-
Page 2 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Oct 29 2025 Downloaded on : Wed Oct 29 22:46:23 IST 2025NEUTRAL CITATION R/SCR.A/14355/2025 ORDER DATED: 29/10/2025 undefined "Patient was admitted on 25.10.2025 at 01:23 pm in OBGY department ion ANC ward with MLC no.13043/2025. Patient's ultrasound was done in department of radiology, GMERS Sola, suggestive of single intrauterine live fetus of 35 weeks 3 days maturity. Necesasry investigations and references were done. Patient developed labour pain and had delivered Female child of 2.2 kgs on 28.10.2025 at 01:58 pm. At present, mother and baby are vitally stable. Final certificate will be given after discharge.
[5.0] In view of the above subsequent development, no case is made out to issue any direction qua termination of pregnancy of the victim, as sought for in this petition. Hence, present petition has become infructuous and stands disposed of accordingly.
[6.0] However, considering the fact that the offence is registered and victim being minor has delivered a baby child, following directions are issued:
(i) 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, Ahmedabad, 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, Ahmedabad , Page 3 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Oct 29 2025 Downloaded on : Wed Oct 29 22:46:23 IST 2025 NEUTRAL CITATION R/SCR.A/14355/2025 ORDER DATED: 29/10/2025 undefined 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.
(vi) The District Legal Services Authority, Ahmedabad 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, Ahmedabad is directed to supervise all the aforesaid directions and hand over the child for adoption to the Specialized Adoption Agency, Ahmedabad.
[7.0] With aforesaid observations and directions, present petition is disposed of.
(HASMUKH D. SUTHAR,J) SUCHIT Page 4 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Oct 29 2025 Downloaded on : Wed Oct 29 22:46:23 IST 2025