VIPUL M.PANCHOLI, J. - (1.)This petition was listed on Board on 25.06.2021, on which date, this Court has heard the matter and direction was issued to the concerned Medical Officer and the matter was directed to be listed on Board on today i.e. 29.06.2021. However, the same has not been listed. Looking to the urgency involved in the matter, a request was made by the learned advocates appearing for the parties to take up the matter. This Court, therefore, directed the Registry to list this matter on Board today at 2:30 PM.
(2.)By way of the present petition under 'Article 14' and '226' of the Constitution of India 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) To allow this application. (B) To issue a writ of mandamus or any other writ, order or direction directing the Resp. no.3 i.e. Medical Superintendent, Civil Hospital, Rajkot to terminate the pregnancy of the petitioner - Victim at the earliest 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, to allow the petitioner to terminate her pregnancy by the Resp. no.3 i.e. Medical Superintendent, Civil Hospital, Rajkot in the interest of justice;

(D) To pass any other and further orders as may be deemed fit and proper.'

2. Heard learned advocate, Mr.H.B. Champavat appearing for the petitioner and learned APP Mr.L.B. Dabhi appearing for the respondents.

(3.)Learned advocate for the petitioner submits the accused named in the FIR produced at Annexure-B at Page No.2 of the compilation, after luring, enticing and intimidating, had developed physical relations with the petitioner - victim girl, for which, the mother of the victim has lodged aforesaid FIR. It is submitted that since the victim was suffering from Typhoid since last three months prior to the lodgment of the FIR, the mother of the victim visited the Doctor for the treatment of Typhoid and, thereafter, the victim was having frequent stomach aches and irregular menses. Therefore, the mother of the victim visited a Gynecologist, who upon sonogrphay done, inform her that victim was having 5 ½ (five and half months) months' pregnancy and as on today, more than 23 weeks and 4 days. It is submitted that the victim is a minor girl aged about 17 years and 4 months. It is submitted 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 socio-economical problems.
3.1 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 caused 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.

3.2 Learned advocate for the petitioner has placed reliance upon the judgment of the Hon'ble Apex Court in case of Ms. Z v. 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 v. State of Gujarat and 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.