1 959-wp 8617.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 8617 OF 2026 ( XYZ VS. STATE OF MAHARASHTRA AND ANOTHER ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders. Ms. S.H. Bhatia, Advocate for petitioner. Ms. K.P. Marpakwar, AGP for respondents. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : OCTOBER 14, 2026 1) Heard learned counsel for the parties. 2) The petition is filed by the victim of crime through her natural guardian praying for grant of permission to terminate 26 weeks pregnancy. 3) This matter was listed on 13/10/2026. Considering the urgency involved, we referred the petitioner to the Medical Board and directed it to examine the petitioner and submit its report today, i.e., on 14/10/2026. Today, the Medical Board has submitted its report in a sealed envelope for the perusal of this Court. The sealed envelope has been opened in Court, and the report is taken on record and marked as ‘X’ for identification. 4) A brief narration of facts would be necessary to decide the issue involved in the present petition. The First Information Report (FIR) was registered for the offence punishable under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012, so also under Sections 64(2)(i) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 on 03/10/2026 vide Crime KOLHE 2026:BHC-NAG:13838-DB 2 959-wp 8617.2026.odt No.0373 within the jurisdiction of Ashti Police Station, District Wardha. The petitioner is the victim of the said crime, and according to FIR, was subjected to forcible sexual intercourse. Since the detailed narration of the facts stated in the FIR is not necessary, suffice it to state that, according to the FIR, the petitioner was a girl aged 15 years and 10 months at the relevant time. She has approached this Court seeking a direction for termination of her pregnancy. 5) In pursuance with the order passed yesterday, the report dated 14/10/2026 is tendered by the learned AGP. The report of MTP Board reveals that the petitioner was subjected to the medical examination on 14/10/2026 and she was pregnant with single live intrauterine pregnancy of 26 + 1 weeks. It was also opine that she is mentally, physically and medically fit to undergo the medical termination of pregnancy at present. 6) In the aforesaid background, the counsel for petitioner requested for allowing the petition. Help was also taken from the observations made by a Co-ordinate Bench of this Court on 17/06/2025 in Writ Petition No.3027 of 2025 (XYZ Minor through her natural guardian father v. Union of India and others) and has contended that though in that case the age of fetus was between 28 and 29 weeks, it was allowed to be terminated. 7) Per contra, learned AGP in all fairness requested this Court to pass suitable order. 8) With the help of respective counsels, we have gone through the record of the case and have given our thoughtful considerations to the arguments advanced. 9) It is not in dispute that the petitioner claims that forcible relationship with the petitioner resulted in lodgement of KOLHE 3 959-wp 8617.2026.odt FIR. The petitioner has expressed her wish that the termination of pregnancy is the only option available to her. The Hon’ble Apex Court in the case of XYZ v. State of Gujarat and others, reported in 2023 SCC OnLine SC 1573, has observed as under :- “13. In Indian society, within the institution of marriage, generally pregnancy is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends. By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/abuse and is a cause for stress and trauma affecting both the physical and mental health of the pregnant woman the victim. Sexual assault or abuse of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy. 17. More recently, in case of X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, AIR 2022 SC 4917; this Court, in another three-judge Bench lead by Dr. D. Y. Chandrachud, J. (as the learned Chief Justice then was) observed that a woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion. 19. The whole object of preferring a Writ Petition under Article 226 of the Constitution of India is to engage with the extraordinary discretionary jurisdiction of the High Court in exercise of its constitutional power. Such a power is vested with the constitutional courts and discretion has to be exercised judiciously and having regard to the facts of the case and by taking into consideration the relevant facts while leaving out irrelevant considerations and not vice versa.” 10) It is thus clear that it is the woman alone who has full right over her body and is the ultimate decision maker on the question of whether she wants to under abortion. The unwanted KOLHE 4 959-wp 8617.2026.odt incidental pregnancy would be the burden which would fall upon the pregnant woman. 11) In that view of the matter and considering the fact that there is no life threat to the petitioner and considering the opinion given by the Medical Board, we deem it appropriate to direct the Government Medical College and Hospital, Nagpur to permit the petitioner to undergo the medical termination of pregnancy at the earliest by taking recourse of safety protocols and by complying with the aforesaid observations. 12) Needless to mention that the victim and her family members will have to furnish an undertaking of high risk consent and assent before the concerned Medical Authority. As the crime is also registered, Police Station Officer, Police Station Ashti, District Wardha may take samples of the victim and fetus for D.N.A. test in accordance with law by complying with the provisions so as to preserve evidence in the criminal case arising out of FIR No.373/2026. 13) With the above directions, the petition is disposed of. No costs. ( RAJNISH R. VYAS, J. ) ( ANIL S. KILOR, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 14/10/2026 19:28:41