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2022 Supreme(Bom) 864

A.S.CHANDURKAR, URMILA JOSHI-PHALKE
‘A’ – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. S.H. Bhatia
For the Respondent: Ms. N.P. Mehta

JUDGEMENT :

Urmila Joshi-Phalke, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of both the parties.

2. The petitioner contends that she is child in conflict with law and lodged with the Government Girls Observation Home, Amravati. She is in custody of Observation Home, Amravati as she had committed offence under Section 302 of the Indian Penal Code and crime is registered against her vide Crime No.141/2022. Crime No.101/2021 was also registered as petitioner was not traceable on the basis of report lodged by her mother under Section 363 of the Indian Penal Code. During the investigation it revealed to the Investigating Officer that petitioner is pregnant and, therefore, offence was registered under Section 376 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. The petitioner, who is in custody of Observation Home as she had committed offence under Section 302 of the Indian Penal Code. She is also victim of sexual assault and, therefore, another crime was registered bearing No.101/2021 on the basis of report lodged by her mother.

3. It is the contention of the petitioner that she is from economically weak section and, therefore, she

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