Xyz Throu.Her Guardian Nasima Abdul Kalam Anasari v. The State Of Maharashtra Thoru. The Govt Pleader And ORS

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2026.05.14 15:13:19 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6587 OF 2026 XYZ Through Her Guardian Nasima Abdul Kalam Anasari

...Petitioner

Versus

The State of Maharashtra Through The Govt.Pleader & Ors.

...Respondents

Ms. Pranali Kakade for the Petitioner.

Smt. Pooja Patil, A.G.P for the Respondent-State. CORAM : ADVAIT M. SETHNA & SANDESH D. PATIL, JJ.

DATE : 14 th MAY, 2026 (VACATION COURT) P.C. :

1.

This petition is moved for urgent circulation. The urgency being that the victim is 17 years 1 month 24 days who is a survivor of the penetrative sexual assault and is presently admitted as a indoor patient in Cama and Albless Hospital, Mumbai. She is represented by her guardian i.e. the Petitioner. The matter falls within Rule 3B(a) and 1/3

Rule 3B(b) of the Medical Termination of Pregnancy Rules, 2003 and under Section 3(2) of the Medical Termination of Pregnancy Act. It is stated that the sonography was conducted on 5th May, 2026 on the victim which has recorded "intracardiac echogenic focus in the left ventricle" of the foetus, warranting immediate Medical Board intervention.

2.

Considering the above and the reliefs prayed for in the petition filed under Article 226 of the Constitution of India, we direct the Dean of Sir J.J.Group of Hospitals, Mumbai, to constitute a Medical Board in terms of Section 3 of the Medical Termination of Pregnancy Act, 1971 read with the Medical Termination of Pregnancy (Amendment) Act, 2021 for medical examination of the victim. 3.

The Medical Board shall be constituted by 15th May, 2026. 4.

The victim alongwith the Petitioner shall appear before such Medical Board at 10.00 a.m. on the said date i.e. 15th May, 2026 for appropriate medical examination.

5.

Ms. Kakade, learned Counsel for the Petitioner states that she would amend the petition and implead the Dean of Sir J.J.Group 2/3

of Hospitals, Mumbai as Respondent No.4 in the array of the parties. Such amendment be carried out forthwith. Re-verification is dispensed with.

6.

The Medical Board, so constituted, shall medically examine the victim and after such examination on 15th May, 2026 and submit its report on 18th May, 2026 by 11.00 a.m. considering the urgency in the matter.

7.

Learned A.G.P to forthwith communicate the said order to the Dean, Sir J.J. Group of Hospitals so as to enable them to comply with the order being passed today.

8.

Stand over to 18th May, 2026.

9.

All concerned to act upon an authenticated copy of this order.

SANDESH D. PATIL, J.

ADVAIT M. SETHNA, J.

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