LAWS(BOM)-2019-12-90

X Vs. STATE OF MAHARASHTRA

Decided On December 10, 2019
X Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. With consent of the parties, Rule is made returnable forthwith.

(2.) This petition is filed by the petitioner who is a minor girl aged 12 years, through her father, for permission to undergo medical termination of pregnancy at Sassoon Hospital.

(3.) It is mentioned in the petition that, the father of the victim has lodged an FIR at Wai Police station under sections 376 and 506 of the I. P. C. and under section 4 , 6 , 8 & 12 of the Protection of Children from Sexual Offences, Act, 2012. The victim P was subjected to the offence of rape by the accused who was relative of the victim and was residing nearby. As a result of sexual offence, the victim became pregnant. The petitioner's family consulted Doctors as the victim complained of nausea and pain in abdomen. Her medical examination revealed that, she was pregnant and pregnancy was of more than five and half months. The FIR was lodged on 21/11/2019. Since the pregnancy had exceeded the statutory period of 20 weeks prescribed under the Medical Termination of Pregnancy Act , 1971 (for short, 'MTP Act'), the petitioner is seeking permission from this court to terminate her pregnancy.