ABC Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition, the petitioner, who is a minor girl, has approached this Court through her mother seeking a direction for medical termination of her pregnancy, which is beyond 20 weeks. Since the pregnancy is the result of an alleged sexual assault on the petitioner, a further prayer is made for a direction to the Investigating Officer in the concerned First Information Report to ensure that DNA test is conducted for the purpose of evidence during the trial.

(2.) The petitioner has stated before this Court that she was forcibly sexually assaulted by the accused as a result of which she became pregnant. It was only when she suffered severe abdominal pain on 25th March, 2021 and she was taken to the hospital, that the said fact about pregnancy came to light. Thereafter, on 27th March, 2021, First Information Report No.95 of 2021 came to be registered with Mundhwa Police Station, Pune regarding the said incident for the offences punishable under sections 376 of the Indian Penal Code, under sections 4, 5(j)(ii) and 12 of the Protection of Children from Sexual Offences Act, 2012.

(3.) On 31st March, 2021, the petitioner was taken to Respondent No.4 Sassoon General Hospital, where it was confirmed that she was pregnant, yet, she was discharged.