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2017 Supreme(Bom) 2639

R.M.BORDE, S.M.GAVHANE
'X' – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: R.S. Deshmukh, Adv. i/by P.S. Pawar and M.S. Biyani, Advs.
For the Respondents: Bhushan Kulkarni, ASG.

JUDGMENT :

R.M. BORDE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the respective parties.

2. The unfortunate 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 her.

3. Petitioner contends that she has been physically abused by accused in crime registered at Cidco Police station, Aurangabad on 30.07.2017. Accused are stated to be father and son. Petitioner states that pregnancy is carried by her as a result of physical abuse committed against her by accused and that, she is entitled to terminate the unwanted pregnancy.

4. Petitioner, at her request, was referred for medical examination to the Board constituted at Government Medical College and Hospital, Aurangabad. Petitioner was medically examined by five members Expert Committee constituting of

(1) Dr. Shrinivas Gadappa (Chairman) Prof. & HOD, OBGY,

(2) Dr. P.S. Patil, (Member) Prof. & HOD Paediatrics,

(3) Dr. Varsha Rote, (Member) Prof. & HOD, Radiology,

(4) Dr. Suhas Jewa








































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