LAWS(BOM)-2019-7-151

AMOD LAXMI CHAUDHARY Vs. STATE OF MAHARASHTRA

Decided On July 26, 2019
Amod Laxmi Chaudhary Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally at the stage of admission.

(2.) The petitioner, father of a minor girl, has approached this Court seeking direction to the authorities of the State to terminate the pregnancy, which his minor daughter carries, since the said pregnancy had occurred on account of rape committed upon her. The claim of the petitioner that the minor daughter had been subjected to sexual abuse resulting in pregnancy, is sought to be supported by placing on record a copy of the First Information Report lodged by the victim on 13 th July 2019, leading to registration of a crime for the offences punishable under Sections 417, 376 and 506 of the Indian Penal Code, 1860 and Sections 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') vide C.R. No. 566 of 2019. The petitioner had also placed on record the reports of the medical examination indicating that the victim was carrying a pregnancy of more than 20 weeks.

(3.) In the backdrop of the aforesaid assertions and material on record, by order dated 23rd July 2019, we had directed the Dean, Sir J.J. Group of Hospitals and Grant Medical College, Mumbai to constitute a Medical Board considering of experts to examine the victim and submit report to this Court.