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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SMT. JUSTICE RENUKA YARA

WRIT PETITION No.8294 OF 2026

23^rd March, 2026

Between:

Smt. Poluri Saidamma …Petitioner

AND State of Telangana and three (03) others

…Respondents

ORDER

This writ petition is filed seeking the following prayer:

“…to issue a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, directing the Respondent Nos.3 and 4 to forthwith constitute a Medical Board to examine the minor daughter who is the rape victim in FIR No.34 of 2026 on the file of PS Garla Bayyaram, Mahabubabad District, under Section 65(1) BNS and Sections 5(i), 5(j) r/w 6 of the POCSO Act, 2012of the Petitioner and assess the feasibility of terminating her pregnancy, and consequently, direct the Respondent Nos.3 and 4 perform the medical termination of the pregnancy of the petitioner’s minor daughter, at the earliest and at

the expense of the State”

2. Heard Mr. Abhinav Krishna Uppaluri, learned counsel for the petitioner, Ms. Swapna Madhuri, learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for respondent Nos.1, 3 and 4 and Mr. M. Yadagiri,

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learned Assistant Government Pleader for Women Development

and Child Welfare appearing for respondent No.2.

3. The petitioner is the mother of victim in POCSO offence which is subject matter in FIR No.34 of 2026 registered at PS Garla Bayyaram, Mahabubabad District, under Section 65(1) BNS and Sections 5(i), 5(j) r/w 6 of the POCSO Act, 2012,

registered against the accused by name Kunja Madhu.

4. The petitioner pleaded that her daughter, aged about 16 years, complained of stomach pain and upon examination by the doctor, coupled with scanning, was diagnosed to be six months pregnant. It is learned that in August, 2025, when the petitioner was staying with her in-laws at Khammam, the victim got acquainted with a person by name Kunja Madhu who promised to marry her and had physically assaulted her several times at her grandmother’s house in the absence of elders. After learning about the offence committed against her daughter, the petitioner

lodged complaint with the police.

5. The petitioner pleaded that upon examination by the doctors at Government Hospital, Khammam, her daughter was found to be pregnant with gestation period beyond 24 weeks. In case, the said unwanted pregnancy is not terminated, the

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petitioner’s family would face stigma and would be subjected to mental trauma. The pregnancy is not by choice but is a result of the crime of the accused who has taken advantage of the victim. The petitioner requested respondent No.3 seeking permission to terminate the pregnancy and respondent No.3 sought orders from a competent Court with consent letters from the petitioner

and her victim daughter.

6. The petitioner referred to a judgment of the Hon’ble Supreme Court of India in the case of A (Mother of X) v. State of Maharashtra and others, 12024 SCC OnLine SC 608 and 835, wherein termination of pregnancy was ordered when the foetus was about 30 weeks. Further, reference is made to judgment of this Court in W.P.No.17358 of 2024, dated 05.07.2024, where termination of pregnancy of victim girl, who was 26 weeks pregnant, was ordered relying upon the judgment of the Hon’ble Supreme Court in the case of A

(Mother of X) (Supra)

7. In the instant case, vide order dated 17.03.2026, the victim girl was referred to respondent No.4-Government General Hospital, Mahbubabad for examination by a Committee to assess the feasibility of termination of pregnancy. The Medical Board of said Hospital consisting of Gynecologist, Physician and

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Radiologist have examined the victim girl and submitted report on 18.03.2026, stating that the victim’s termination of pregnancy is a high risk procedure as the pregnancy is at the stage of 28 weeks 5 days of gestation and conducting procedure for termination of pregnancy involves major surgical intervention

coupled with potential t