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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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