901-WP-4772-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4772 OF 2026 A Minor Girl XYZ, through her Mother and Natural Guardian ...Petitioner. Versus The State of Maharashtra and Others ...Respondents. —————— Mr. Vishal M. Dhamal a/w Mr. Giridhar S. Koli, for the Petitioner. Ms. Tejas J. Kapre, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 24, 2026. P. C. : 1. By the present Petition filed through the Guardian, the minor girl seeks permission for medical termination of pregnancy, who is presently pregnant with a gestational age corresponding to 27 weeks. It is pleaded that the minor is a victim of sexual assault and FIR has already been registered with the Jat Police Station in respect of the same incident. 2. By order dated 22nd September, 2026, this Court had directed the Medical Board to examine the minor girl and submit a report to this Court regarding the status, physical and mental condition of the minor and feasibility and advisability of terminating the pregnancy. Jamadar - SL 1 of 3 2026:BHC-KOL:9172-DB 901-WP-4772-2026.doc 3. Accordingly, the report is submitted to this Court by learned AGP. The same is taken on record. The conclusion of the Medical Board, upon clinical examination, laboratory investigation and radiological examination, is that the Petitioner is “Medically Fit to undergo the procedure of medical termination of pregnancy with due risk”. 4. We find from the material placed on record that, considering the incident of sexual assault, the continuance of the pregnancy will involve grave injury to the physical and mental health of the minor, which will permit this Court, in exercise of its powers under Article 226 of the Constitution of India, to permit medical termination of the pregnancy. 5. This Court is informed that the minor is at present under the care and custody of the Child Welfare Committee at Sangli. 6. Respondent No.4 is directed to bring the minor to the Government Medical College and Hospital, Miraj - Respondent No.2, for termination of the pregnancy on 25th September, 2026. 7. The State Agencies, as well as the Hospital, to ensure that adequate medical treatment is made available while conducting the medical termination of the pregnancy. 8. In the event the minor delivers a child despite attempts at medical termination of pregnancy, the best possible medical care to be given to the child. If the minor is unwilling to take care for the child, the State Agencies to assume full parental responsibility in relation to such child. Jamadar - SL 2 of 3 901-WP-4772-2026.doc 9. As the criminal case registered by the Petitioner is under investigation and would be put to trial, we direct the Medical Officer/s to preserve the evidence for subsequent DNA test report by drawing tissues from the foetus in order to use it as a piece of evidence in the ensuing trial to be prosecuted by the Petitioner. It is needless to observe that in the event tissues are drawn for the purpose of DNA test the same shall be handed over to the investigating agency by the concerned hospital. 10. The Writ Petition is allowed in the above terms. 11. All parties to act upon an authenticated copy of this order. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Jamadar - SL 3 of 3