The judgment establishes the principle that in cases of minors who are victims of sexual assault, the risks to their physical and mental health due to pregnancy should be considered, and medical termination of pregnancy may be permitted under the legal framework.

JUDGMENT

abhay ahuja, J. - Rule. With the consent of the counsel for the parties, Rule is made returnable forthwith and heard finally.

2. The Petitioner is referred to as 'XXX' herein to keep her identity confidential.

3. This petition is filed by Petitioner, who is a minor girl aged 14 years and 6 months, in her 15th to 16th week of pregnancy, through her father for permission to undergo medical termination of pregnancy.

4. It is mentioned in the petition that an FIR no. 436/2022 was lodged at Virar Police station under section 376(3) of the I.P.C. and under sections 4, 8 and 12 of the Protection of Children from Sexual Offences, act, 2012. The victim was allegedly sexually assaulted/raped by accused named in the FIR, who is purportedly her cousin brother, at her ancestral home in Bihar. The survivor returned to Mumbai on 07.02. 2022. She developed multiple vomiting episodes in late april 2022 when her mother took her to Balaji Hospital, where it was found that she was pregnant. Her LMP was 21.01.2022.Thereafter Petitioner was referred to JJ Hospital for further medical check up and she underwent medical examination at JJ Hospital from 30.04.2022 to 02.05.2022. Medical report dated 2nd May 2022 mentions that fetus is single live early intrauterine gestation of gestational age 12 weeks and 5 days. as Petitioner was a minor, FIR was lodged at the Virar Police Station on 18th May 2022.

5. It is submitted that since Petitioner is minor victim of alleged sexual assault, this petition has been filed seeking appropriate directions in her best interest/ permission from this court to medically terminate her pregnancy considering her tender age.

6. The learned Counsel for the petitioner submitted that the mental trauma that the victim petitioner is undergoing because of the pregnancy caused due to the offence of rape was causing serious injury to her mental health. Besides this, there was inherent risk to her life because of pregnancy at such a tender age.

7. On May 19th , 2022 this Court (Coram:Nitin W Sambre and anil L Pansare, JJ) passed the following order:

'P.C.:_

1] Heard learned Counsel for the Petitioner and learned aPP for the Respondent/State. 2] Learned aPP has produced on record report dated 18th May 2022 alongwith certain medical papers.

3] Perused the medical papers produced by learned aPP alongwith report of the Investigating Officer Mr. Pravin Bhosale, aPI, Virar Police Station. The said report dated 18th May, 2022 is taken on record and marked 'X' for the purpose of identification. The age of the victim girl is mentioned to be 14 years and 6 months and she is alleged to be carrying pregnancy of about 13 weeks.

4] The accused is yet to be traced and arrested in the matter.

5] In the aforesaid backdrop, having regard to the fact that victim girl was subjected to medical examination on 2nd May 2022 in Sir J.J.Group of Hospitals and GMC, it will be appropriate in our opinion to direct the Dean of Sir J.J. Group of Hospitals and GMC to constitute an Expert Committee to evaluate health condition of the victim girl and submit its detail report as regards her health condition and viability of permitting medical termination of pregnancy. 6] Counsel for the Petitioner assures that Petitioner shall be appearing before the Dean, Sir J.J. Group of Hospitals and GMC tomorrow i.e. on 20th May, 2022 at 9.30 a.M.

7] Let the report of the Expert Committee be placed before this Court on 23rd May, 2022.

8] Stand over to 23rd May ,2022.'

8. Today, the report of the Expert Committee of Sir JJ Group of Hospitals and Grant Govt. Medical College, Mumbai is tendered before us in sealed envelope. The envelope is opened in the court. The report under cover letter dated 23th May 2022 of the Committee reads thus:

'after careful examination of the patient and study of the ultrasonography report and psychiatric evaluation the committee has come to the opinion that at present no abnormality is detected in the fetus and the pregnant minor mother. The victim is 14 yea