A Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of both the parties.

(2.) The petitioner contends that she is child in conflict with law and lodged with the Government Girls Observation Home, Amravati. She is in custody of Observation Home, Amravati as she had committed offence under Sec. 302 of the Indian Penal Code and crime is registered against her vide Crime No.141/2022. Crime No.101/2021 was also registered as petitioner was not traceable on the basis of report lodged by her mother under Sec. 363 of the Indian Penal Code. During the investigation it revealed to the Investigating Officer that petitioner is pregnant and, therefore, offence was registered under Sec. 376 read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. The petitioner, who is in custody of Observation Home as she had committed offence under Sec. 302 of the Indian Penal Code. She is also victim of sexual assault and, therefore, another crime was registered bearing No.101/2021 on the basis of report lodged by her mother.

(3.) It is the contention of the petitioner that she is from economically weak sec. and, therefore, she is unable to up-bring the child. Due to said incident she had suffered and is suffering because of sexual abuse. She has undergone the agony and she will go through the same in future also. Therefore, she seeks permission from this Court directing the respondent No.2 to terminate her pregnancy which is of 12 weeks. She further submitted that she is also facing financial hardship, therefore, permission may kindly be granted to her for terminating her pregnancy under the prevailing bona fide facts and circumstances. The pregnancy of the petitioner is unwanted and the same violate her personal liberty.