Bombay High Court
THE STATE OF MAHARASHTRAversusKHALIL MOHAMMAD AMIN CHOUKAR AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The appeal is admitted and leave to file the appeal is granted.
Summary
The State of Maharashtra filed a criminal application seeking leave to appeal the acquittal of Khalil Mohammad Amin Choukar (Respondent No.1) in Atrocity Special Case No.147 of 2018, which was decided under the POCSO Act. The Additional Sessions Judge had acquitted the accused on 04‑09‑2024, holding that the medical certificate did not support the charge. The victim, who has a low IQ, nevertheless gave a detailed account of the incident, and counsel for the State and the victim argued that her testimony should not be dismissed. The High Court examined the arguments, found that there were arguable questions of law and fact, and therefore granted leave to appeal and admitted the appeal. The Court also directed that the trial court grant bail to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to ensure his availability during the appeal.
Issues considered
- Whether the acquittal of the accused under the POCSO Act was erroneous in view of the victim's detailed testimony despite a low IQ.
- Whether the High Court should grant leave to appeal the trial court's judgment of acquittal.
- Whether bail can be granted to the accused under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pending the appeal.
Legislation cited
Subjects
- POCSO
- acquittal
- appeal
- bail
- Section 431
- Bharatiya Nagarik Suraksha Sanhita
- victim testimony
- low IQ
- medical certificate
Judgment
Gokhale 1 of 3 10-als-7-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 7 OF 2026
(LEAVE TO FILE APPEAL)
The State of Maharashtra ..Applicant
Versus
Khalil Mohammad Amin Choukar & Anr. ..Respondents
__________
Ms. Supriya Kak, APP for State/Applicant.
Mr. Arbaz J. Agaskar for the Respondent No.1.
Ms. Jahnavi S. Karnik (Appointed Advocate) for the Respondent
No.2/victim.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 1 SEPTEMBER 2026
PC :
1. Heard learned APP, learned counsel for the Respondent
No.2-victim, as well as, learned counsel for the original Accused.
2. The Respondent No.1 faced the trial before the learned
Additional Sessions Judge, Kalyan, in Atrocity Special Case No.147
of 2018. The learned Special Judge under POCSO Act, acquitted
the Accused vide the Judgment and order dated 04.09.2024. The
acquittal is recorded mainly on the ground that the Medical
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.09.02
10:44:49
+0530
2 of 3 10-als-7-26
certificate does not support the case. However, learned APP and
the learned counsel for the Respondent No.2-victim pointed out
that the victim was having less IQ, but she has described the
incident in sufficient details. Her evidence cannot be brushed
aside.
3. Learned counsel for the Respondent No.1 is relying on
the reasoning given by the learned Judge in paragraph-17 of the
impugned Judgment and order.
4. Having considered the arguments, we are of the opinion
that arguable questions are raised and the Appeal deserves to be
admitted.
5. Hence, the following order:
ORDER
i) Leave is granted to prefer Appeal against the
Judgment and order of acquittal dated
04.09.2024 passed by the learned Additional
Sessions Judge, Kalyan, in Atrocity Special Case
No.147 of 2018.
3 of 3 10-als-7-26
ii) Appeal is admitted.
iii) The Record and proceedings with paper-books be
called.
iv) The Trial Court shall take action U/s.431 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 by
granting bail to the Respondent No.1 to ensure
his availability during pendency of the Appeal; to
its satisfaction.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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