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The bench directed that both the blood sample and tissue sample of the fetus be preserved to facilitate any DNA or other tests required during the criminal trial
The Bombay High Court recently granted permission for an 11-year-old rape survivor to terminate her 30-week pregnancy.
The vacation bench, comprising Justice Sharmila Deshmukh and Justice Jitendra Jain, was hearing a petition filed by her father on behalf of the minor.
The minor had lodged an FIR under Section 65(2) of the Bhartiya Nyay Sanhita and Section 4 of the POCSO Act, 2012.
On October 29, 2024, the court directed the victim to undergo a medical examination by the Medical Board of Sir J.J. Group of Hospitals to assess her condition and the feasibility of the termination.
The medical report stated that the mother is physically and mentally fit to undergo medical termination of pregnancy.
Accordingly, the bench allowed the victim to undergo medical termination at JJ Hospital.
“..considering the opinion of the Medical Board who has examined Petitioner No.1, the Petitioner No.1 is permitted to undergo medical termination of pregnancy as per the Medical Board’s opinion, dated 30 October 2024 of Sir J.J. Group of Hospitals and Grant Government Medical College, Mumbai,” the order reads.
The bench directed that both the blood sample and tissue sample of the fetus be preserved to facilitate any DNA or other tests required during the criminal trial. The investigating officer was instructed to ensure these samples were properly preserved for the trial's proceedings.
Furthermore, the bench noted that if the fetus results in a live birth and if the petitioner and her family are unable or unwilling to take responsibility for the child, the State and its relevant agency would assume full responsibility for the child’s care.
Case title: XYZ vs State of Maharashtra
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