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2017 Supreme(Bom) 2007

R.M.BORDE, VIBHA KANKANWADI
"X", (Since minor through her mother) – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Sabahat T. Kazi, Advocate.
For the Respondents: Mr. Bhushan Kulkarni, Standing Counsel, Mr. A.B. Girase, Government Pleader.

JUDGMENT :

Vibha Kankanwadi, J.

1. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsels for the respective parties.

3. The guardian of an unfortunate deaf-dumb-mentally challenged victim, who has already suffered physical abuse and mental torture has approached this Court seeking direction in the nature of writ of mandamus directing respondent no. 3 to carry out termination of unwanted pregnancy which is result of physical abuse thrust against the victim.

4. The guardian-mother of the victim (petitioner) contends that her daughter is the victim in Crime No. 120/17 registered with Dhadgaon Police Station, Dhadgaon, District Nandurbar, which has been registered on 07.11.2017. After the medical examination of the victim was conducted on 02.11.2017 in a hospital at Akkalkuwa, it is found that she is pregnant and length of the pregnancy is 18 to 19 weeks. Thereafter, she was taken to Nandurbar Hospital on 05.11.2017 for further treatment. It was found that some unknown person had taken disadvantage of the physical situation of the victim, had committed rape on her. The victim is deaf-dumb and mentally retarded. Brother of the victim had lodged report ag


















































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