Xyz v. The State Of Maharashtra And Another

2025:BHC-AUG:15241-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO. 7220 OF 2025 XYZ

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for the Petitioner : Ms. Awchar Shilpa L. AGP for Respondents/State: Ms. Neha Kamble .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

18th June, 2025 P.C. :- 1.

Pursuant to our order dated 17.06.2025, the Dean of the Medical College has placed on record the report of the medical examination of the minor victim, dated 17.06.2025 in a sealed envelope. The report is marked as 'X' for identification. The envelope was opened in the Court. Six members of the Medical Board comprising of the Professor and HOD, Nodal Officer, MTP Committee (Obgy. Department) and the Assistant and Associate Professors of the various departments have opined as under:

"Additional Investigations (if done):

S.N Investigations Key findings done USG obstetrics USG scan on 17.06.2025 s/o anomaly scan SLJUG with 24 weeks 5 days with

( 2 ) no significant anomaly. Effective fetal weight-756 gms.

CBC, Urine HB- 12.1 gm, TLC 10900, routine PLATELET 2.70 Lac/mm, Urine routine- Normal Opinion by Medical Board for termination of pregnancy: a) Allowed b) Denied Justification for the decision:- 1.

Medical Status of the pregnancy & the minor.:- Antenatal USG done on 17/6/2025 is s/o a single intrauterine gestation of 24 weeks 5 days with no significant anomaly. As per clinical examination and blood and urine investigation, minor is physically fit. 2.

Whether medical termination of pregnancy would be permissible at this stage. Yes, as per psychiatry expert opinion, in view of psychosocial circumstances it is anticipated that the examinee is likely to land up in the disturbed mental health condition if this pregnancy is continued, hence it is recommended to terminate the pregnancy.

Physical fitness of the women for the termination of pregnancy: Taken." 2.

Considering the justification of all the Six members of the Medical Board that the victim needs to undergo the medical termination of pregnancy, this Petition is allowed.

3.

Since the victim is presently at Aurangabad, we leave it to the Medical Authorities of the Medical College to carry out the procedure of

( 3 ) medical termination of pregnancy, today or tomorrow. The Investigating Officer investigating into the FIR No.392/2025 registered with Sangamner Taluka Police Station, Dist. Ahilyanagar on 14.06.2025, shall be intimated. Moreover, since a crime has been registered against the alleged perpetrator of the crime, the Medical Authority shall follow the procedure of preserving the sample for the purpose of DNA testing under the guidance of the Investigating Officer by following the procedure as is prescribed. 4.

With the above direction, this petition is disposed off. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub