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2022 Supreme(Bom) 1432

V.M.DESHPANDE, AMIT B.BORKAR
XYZ – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
A.S. Thotange, Advocate, M.K. Pathan, Advocate

JUDGMENT

amit Borkar, J. - Heard.

2. Rule. Rule made returnable forthwith.

3. By this petition under articles 227 and 227 of the Constitution of India the petitioner is seeking a direction to the Medical Board to terminate the pregnancy of the petitioner. The petitioner has lodged report against one Siddhant anil Chandak for an offence punishable under Sections 376, 376(2) (n) of the Indian Penal Code and under Sections 3, 4 and 5(j)(2) of the Protection of Children from Sexual Offences act, 2012 with respondent no.2-Police Station.

4. It is alleged in the First Information Report (FIR) that out of love relationship between the accused and petitioner, on the pretext of marriage the accused had sexual intercourse resulting into her pregnancy. It is alleged that thereafter accused started avoiding the petitioner. With the result, she lodged FIR against the accused.

5. after registration of FIR, the petitioner was referred to the Government Medical College and Hospital, akola and she was admitted from 15.02.2022 to 20.02.2022. after examination of the petitioner by Doctor at the said hospital, it was communicated to the petitioner that she is pregnant of 12 to 13 weeks. However, in view of

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