JUDGMENT :

Y.G. Khobragade, J.

1. Rule. Rule made returnable forthwith. With the consent of Mr. S.J. Salunke, the learned counsel appearing for the petitioner and Mr. S. B. Yawalkar, the learned AGP for respondents heard finally at the state of admission.

2. In the present petition, the petitioner- a pregnant minor girl, aged 17 years and 11 months and 21 days who allegedly is a victim of rape, filed present petition through her guardian and put forth prayer clauses (B), (C), (D) and(E) as under:

(A) Be pleased to issue writ of mandamus or any other writ or directions or order in the like nature and respondent no.2, the Dean of Swami Ramanand Teerth Rural government Medial College, Ambajogai, Dist. Beed may kindly be directed to form a Board comprising not less than two registered Medical Practitioners and submit an opinion qua the Medical Termination of Pregnancy of the petitioner.

(C) Be pleased to direct respondent no.2 to medically terminate the pregnancy of the petitioner.

(D) Respondent no.2 & 3 may kindly be directed to collect the tissue and blood samples of the fetus for conducting DNA and other tests that would be part of evidence during prosecution of the accused in terms of the FIR No.250/2023 registered with Police Station, Ambajogai (City), District Beed dated 01.07.2023.

(E) Respondent No.3 may kindly be directed to ensure that the aforesaid tissue and blood samples of fetus be forwarded to the concerned Forensic Laboratory for DNA tests and other relevant medical tests and such samples and reports shall be preserved for the purpose of Trial."

3. On 18.07.2023, while referring the pregnant girl for medical examination, we have observed in paragraph Nos. 4, 5 and 6 as under:

4. There is no dispute that the concerned girl would become 18 years of age on 29th July, 2023. She and the accused had consensual physical relations since December, 2022. According to her statement, she used to go to the hostel room of the accused. She herself carried out a pregnancy test at home in March/April, 2023 and after realizing that she is pregnant, she did not let her parents know about it. On 1st July, 2023, her mother lodged an FIR alleging that somebody has taken away her daughter. The medical examination of the girl dated 12th July, 2023 does not indicate any anomalous foetus. This petition has been filed by the victim girl through her mother(identity not disclosed) seeking termination of the pregnancy.

5. The report of the Radiologist dated 13.07.2023 indicates that the gestational age of the foetus is 24 weeks and 3 days. Presently, the girl is admitted in Savitribai Phule Observation Home at Ambajogai. We, therefore, direct Respondent No.2 to carry out a medical examination of the said girl at 10.00 a.m. tomorrow, 19th July, 2023, through the Medical Board which is specifically constituted for the said purpose. Mother of the pregnant girl would accompany her for the medical examination.

6. We desire that the Board should express it's opinion in clear terms to the Court, as to whether the child with a beating heart is likely to be born, if a medical termination of pregnancy is permitted by the Court."

4. It is a matter of record that, on 01.07.2023, the biological mother of the petitioner victim lodged an FIR alleging that her minor daughter was abducted by unknown person, on which basis FIR was registered with the concerned Police station vide Crime No. 0250/2023 under section 363 of the Indian Penal Code. The investigation began pursuant to the FIR and the Investigating Officer brought the petitioner/victim and accused at the Police Station Ambajogai from Aurangabad. Then the victim was referred for medical examination. On medical examination, the victim was diagnosed to be pregnant. Therefore, she was referred for Radiology/Sonography test.

5. As per Radiology Report dated 13.07.2023, Gestational age of the foetus was found to be