The Gujarat High Court
on Wednesday allowed the plea to terminate the nearly 27-week pregnancy of a
12-year-old girl, who was allegedly raped by her father.
Justice Samir Dave took
into account the report submitted by the medical superintendent of Vadodara-based
Sir Sayajirao Gaekwad Hospital who on September 4 directed a medical
examination of the victim by a panel of doctors."The petition is allowed.
Respondent number 3 is
directed to terminate the pregnancy of the victim girl within a period of one
week from today," the order said, noting the report has stated that the
foetus was nearly 27 weeks old.
The HC also directed the
state government to pay compensation of Rs 2.5 lakh to the victim, out of which
Rs 50,000 was to be paid immediately, and another Rs 2 lakh to be deposited in
her name and interest accrued on fixed deposit paid to her until she turns
21.The deposit amount should be paid to the victim when she turns 21, the high
court said.
It also said that upon
completion of the trial, the compensation to be paid to the victim should be
considered by the trial court under section 357 of CrPC independently. The high
court also directed the hospital to take care to preserve the DNA of the foetus
as requested by the petitioner.
The concerned police station
at Dediapada was also directed to take the victim for medical termination of
pregnancy at the Vadodara hospital.
The girl's mother had
approached the HC for permission to terminate her daughter's pregnancy, two
days after the victim's father was arrested by Dediapada police in Narmada
district for allegedly raping and impregnating her.
The petitioner's lawyer
had sought an urgent hearing in the matter, saying the mother of the victim
lodged an FIR on September 2.