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2022 Supreme(Bom) 1478

PRAKASH D.NAIK, ABHAY AHUJA
... – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Pravin Naik, Advocate, Geetashri Bejjanki, Advocate, S. D. Shinde, Advocate

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 2n

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