SANDEEP MEHTA,J. - (1.) Heard. Perused the material available on record.
(2.) The instant writ petition was preferred as a Single Bench writ petition by the petitioner Miss 'R' (minor) through her mother Smt. Samdu Devi with a prayer to direct termination of pregnancy being carried by the petitioner herein and in the alternate, to direct the respondents to compensate the petitioner with a sum of Rs. 50,000,00/- for her own welfare and welfare of her ward (to be born).
(3.) The background facts which require mention are noted herein below: The petitioner, who is a child within the meaning of 'Prevention of Chidren from Sexual Offences Act' was allegedly kidnapped by one Gopal. It appears that the said Gopal sexually assaulted the petitioner whereupon, she conceived. Presently, she is carrying a fetus of 21 weeks 5 days. While dealing with the Habeas Corpus Petition No. 36/2018 (Shivlal v. State of Rajasthan and Ors.) preferred by the petitioner's father, Hon'ble the Division Bench of this Court passed the following order: "This petition seeking writ of habeas corpus is filed by the petitioner Shiv Lal for release of his minor daughter, alleged to be in illegal detention of respondents no.4 to 6 herein. The corpus was produced before us on 19.4.18. On being interviewed, the corpus stated that she was staying with the respondent no.4 herein. She declined to go with her father Shiv Lal. Taking into consideration the fact that the corpus was staying with the respondent no.4 for last six months and there was possibility of her being under his influence, the corpus was directed to be kept at Balika Grah, Jodhpur till further orders. On 1.5.18, the corpus staying at Balika Grah, Jodhpur pursuant to the order dated 19.4.18 passed by this court as aforesaid, was again produced before us. We conferred with the corpus in Chamber in presence of her father Shiv Lal, the petitioner herein and the counsel for the parties. The corpus again declined to go with her father. She stated that she had entered into marriage with respondent no.4-Gopal. However, as per the mark sheet of the Secondary Examination of the corpus produced before us, the date of birth of corpus is 10.10.03 and accordingly, she is below 15 years of age. However, the corpus stated that her date of birth mentioned in the mark sheet is correct and she has already attained the age of majority. Keeping in view the discrepancy regarding the age of the corpus, we directed Principal, S.N. Medical College, Jodhpur to constitute a Medical Board for determination of the actual age of the corpus. As per the Medical Report produced before us, the corpus is 15 to 17 years of age. Further, she is carrying pregnancy for more than 15 weeks. Today, the corpus is produced before us. We have again conferred with the corpus in presence of her father. The corpus has stated in unequivocal terms that she is ready to go with her father but, he should insist upon her to enter into marriage with anybody else and further, she should be compelled to terminate the pregnancy. The petitioner has filed an affidavit before this court stating that he will maintain her daughter in proper manner and she will be permitted to enter into marriage as per her own desire on attaining the age of majority and further that she shall be compelled to terminate the pregnancy. In view of the affidavit filed by the petitioner as aforesaid, the corpus has expressed her desire before this court go with her father. Accordingly, the custody of the corpus, the minor daughter of the petitioner, is handed over to the petitioner. The petition stands disposed of accordingly. However, it is made clear that disposal of this petition shall preclude the police from proceeding with the investigation of the crime if any committed.";