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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8190 of 2023
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XYZ THRO FATHER
Versus
STATE OF GUJARAT
========================================================== Appearance:
JIGNESHKUMAR M NAYAK(8558) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3 MR JK SHAH APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 07/07/2023
ORAL ORDER
Rule. Learned APP waives service of notice of rule on behalf of respondent State.
1. Pursuant to the order dated 03.07.2023 passed by this Court, the Professor (Doctor), Department of Obs. Gynec., G.M.E.R.S. Medical College, Gandhinagar has submitted letter dated 06.07.2023 along with the Report dated 05.07.2023 of the panel of Doctors of the said Hospital. The same are taken on record. As per the said Report, the victim is having 21 Weeks 03 Days of pregnancy and they have opined that pregnancy could be terminated within 24 weeks of gestation with the risk associated with the chosen procedures of termination of pregnancy.
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2. Considering the medical evidence on record and the object of the Medical Termination of Pregnancy (Amendment) Act, 2021 as also the guidelines framed by the Indian Medical Association, it would be just, legal and appropriate to direct medical termination of pregnancy of the original victim.
3. In the result, the petition is allowed. The respondents herein are directed to undertake necessary medical procedure, with all due care and precaution, for performing medical termination of pregnancy of the original victim at the earliest possible time. The said medical procedure to be undertaken keeping in mind the mental and physical health of the victim- patient. With the above directions, the petition stands disposed of. Rule is made absolute. Direct service TODAY.
(SAMIR J. DAVE,J)
PRAVIN KARUNAN
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