Bombay High Court
Mohammed Islam @ Babbu @ Shahrukh Gulam ... vs State Of Maharashtra And Anr. on 17 November, 2025
2025:BHC-AS:49348
S.S.Kilaje 25-IA-243-2024 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 243 OF 2024
IN
CRIMINAL APPEAL NO. 436 OF 2024
Mohammed Islam @ Babbu @ Shahrukh Gulam ... Appellant
Husain Indreshi
IN THE MATTER BETWEEN
Mohammed Islam @ Babbu @ Shahrukh Gulam ... Applicant
Husain Indreshi
Versus
State of Maharashtra & Anr. ... Respondents
...............
Ms. Anjali Patil a/w. Mr. Tohid Shaikh, Advocates for the Applicant.
Mr. S.S.Ghag, APP for the State.
Mr. Sagar S. Ambedkar (Appointed Advocate legal Aid) a/w. Ms. Disha
Nidre, for Respondent No.2.
CORAM : R. M. JOSHI, J.
DATED : 17th NOVEMBER, 2025.
P.C. :
1. This application is for suspension of sentence and enlargement of
the appellant on bail in connection with Special case (POCSO) No. 214 of
2020 whereby the appellant is sentenced to suffer 20 years imprisonment
with fine for the offence punishable under Section 6 of Protection of
Children from Sexual Offences Act, 2012 ( for short "POCSO Act").
2. Learned counsel for the applicant submits that during the course of
the trial neither victim herself nor the parents of the victim were able to
1/4
::: Uploaded on - 18/11/2025 ::: Downloaded on - 18/11/2025 20:47:54 :::
S.S.Kilaje 25-IA-243-2024 (CR).doc
show the date of birth and age of the victim. It is her contention that they
did not produce any birth certificate on record and the Trial Court has
committed error in relying upon the birth certificate collected by the
Investigating Officer without any corroboration that the birth certificate
belongs to the victim only. She drew attention of the Court to the evidence
of victim which according to her indicates that it is the case of a love affair.
In the light of these said facts, it is her contention that since the appellant
has already undergone 5½ years of sentence, he deserves to enlarge on
bail.
3. Learned counsel for respondent No.2 and learned APP opposed the
application. It is argued that even if the victim concedes to the love affair
between her and appellant, since she was minor, her consent was
immaterial. It is also argued that the age of the victim was below 14 years
and therefore even if she has consented, the same may not be considered.
4. There cannot be any dispute made with regard to the propositions
sought to be canvassed on behalf of the learned counsel for respondent
No.2 that in case the victim is found of the age of not of the age of the
maturity, her consent would be wholly immaterial. At the same time, the
burden would be solely upon the prosecution to prove the age of the
victim. Here in this case, prima facie perusal of the record indicates that
neither victim nor her parents state the age of the victim leave apart any
2/4
::: Uploaded on - 18/11/2025 ::: Downloaded on - 18/11/2025 20:47:54 :::
S.S.Kilaje 25-IA-243-2024 (CR).doc
document being produced through them. Investigating Officer though
brings the birth certificate, however the same has been issued after the
registration of the crime against the appellant. In the light of these facts,
the admission of the victim about the love affair between herself and the
appellant cannot be ignored.
5. Learned counsel for the respondent No.2 apprehends the contact of
the victim by the appellant since they are residing in the same vicinity.
Learned counsel for the appellant on instructions makes statement that
appellant would not enter in the jurisdiction of Padgha police Station till
decision of appeal. This would take care of apprehension if any of the
victim.
6. All aforestated facts clearly indicate that the appellant could have
reasonable case of success in the appeal at the time its final hearing. Since
he had already undergone sentence of 5½ years, this Court finds it
appropriate to enlarge the appellant on bail hence following order:
ORDER
(i) The application stands allowed.
(ii) Substantive sentence imposed against the appellant by
Judgment and Order dated 11.08.2023 passed in Special
Case (POCSO) No. 214 of 2020 stands
S.S.Kilaje 25-IA-243-2024 (CR).doc
suspended till decision of the appeal.
(iii) Appellant be enlarged on bail on furnishing PR bond of
Rs.15,000/- with on surety in the like amount.
(iv) The Appellant not to directly or indirectly contact any of the
witnesses in any manner whatsoever.
(v) The Appellant shall not enter in the area of Taluka Padgha
Police Station till the decision of the appeal.
(vi) Any breach of the conditions imposed herein shall result
into appellant in taken in custody for undergoing remaining
sentence.
7. The Interim Application is disposed of in above terms.
( R. M. JOSHI, J.)
Digitally
signed by
SONALI SONALI
SATISH
SATISH KILAJE
Date:
KILAJE 2025.11.18
10:34:31
+0700
