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 Gokhale VINOD BHASKAR GOKHALE Digitally signed by VINOD BHASKAR 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: O R D E R 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.)