X.Y.Z. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition is filed by a petitioner, who is 30 years old lady and has been subjected to sexual assault for which an offence bearing FIR No.670 of 2025 has been registered with Ahilyanagar Camp Police Station for the offences punishable under Ss. 64(2)(k), 64(2)(i), 64(2)(m), 91, 75(1), 75(2), 351(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 and under Ss. 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The petitioner in the petition have stated that due to the said sexual assault, she has conceived, which was determined on 18/12/2025 when the petitioner has undergone sonagraphy, in which it was revealed that the period of pregnancy was about 19 weeks and 3 days. The petitioner therefore had approached doctor along with the sonography report and had expressed a desire to terminate the pregnancy as she is unmarried and the pregnancy has been caused against her wish and due to the sexual assault, which was subjected upon her. According to the petitioner, going ahead with the pregnancy, will amount to grave injury to her physical and mental health.

(3.) While examining the case of the petitioner, we have taken into consideration Sec. 3 of the Medical Termination of Pregnancy Act, 1971, which reads as under :-