Farukh Akarak Shaikh vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Farukh Akarak Shaikh vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Applicant, convicted under Sections 363 and 377 of the Indian Penal Code and Section 6 of the POCSO Act and sentenced to imprisonment for life, should be released on bail / have his sentence suspended during the pendency of Appeal No.270 of 2026.

Court's answer

On a prima facie perusal of the record, the alleged offence against the Applicant is heinous in nature.

Ratio / Principle

There is prima facie sufficient corroboration by way of various forensic science laboratory reports, which point the finger of guilt towards the Applicant as the author of the crime.

Key takeaways

The Court is not inclined to release the Applicant on bail during the pendency of the Appeal.ratio¶30
Noting that the Applicant has been behind bars for about 10 years, the Registry is directed to list the Appeal on the 'Final Hearing Board' for the week commencing from 4th May, 2026.obiter¶32

Detailed headnote1 paragraphs

Bombay High Court (A.S. Gadkari and Kamal Khata, JJ.) dismissed Interim Applications Nos. 576 and 577 of 2026 filed by Farukh Akarak Shaikh in Appeal No. 270 of 2026 seeking suspension of sentence and release on bail during the pendency of the appeal. The Applicant stands convicted under Sections 363 and 377 of the Indian Penal Code and Section 6 of the POCSO Act and sentenced to imprisonment for life (both sentences to run concurrently) by the learned Additional Sessions Judge, Greater Mumbai in POCSO Spl. Case No. 390 of 2012 vide Judgment and Order dated 3rd October, 2019. The Court found, prima facie, the alleged offence heinous in nature and noted sufficient corroboration from various forensic science laboratory reports pointing the finger of guilt towards the Applicant, and therefore declined bail. Noting that the Applicant had been behind bars for about 10 years, the Court directed the Registry to list the Appeal on the 'Final Hearing Board' for the week commencing from 4th May, 2026.

pmk 12-IA-576-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.576 OF 2026

IN

APPEAL NO.270 OF 2026

Farukh Akarak Shaikh … Applicant

V/s.

The State of Maharashtra & Anr. … Respondents

INTERIM APPLICATION NO.577 OF 2026

IN

APPEAL NO.270 OF 2026

Farukh Akarak Shaikh … Applicant

V/s.

The State of Maharashtra & Anr. … Respondents

Adv. Anjali S. Jaiswal i/by Adv. Shatrughan Dubey for the Applicant. Mr. J.P. Yagnik, APP for the Respondent-State.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 8^th April, 2026.

P.C.:-

This is an Application for suspension of sentence and releasing

the Applicant on bail. The Applicant is convicted under Section 363 and 377 of the Indian Penal Code and under Section 6 of the POCSO Act and is sentenced to suffer imprisonment for life for the offence under Section 377

1/3

pmk 12-IA-576-2026.doc

of the Indian Penal Code and so also, Section 6 of the POCSO Act by the learned Additional Sessions Judge, Greater Mumbai in POCSO Spl. Case No.390 of 2012 by its Judgment and Order dated 3^rd October, 2019. The Trial Court has directed that, both the sentences shall run concurrently.

The victim herein was the son of PW-1 and on the date of alleged incident was aged about 6 years. It is the prosecution’s case that, the victim went out of his house to purchase a Chocolate. He did not return to house within a reasonable period of time, therefore, search was undertaken by his father (PW-1), other relatives and the persons from the vicinity.

As the victim was not traced within a reasonable period, they approached the local police station and a Crime No.291 of 2015 under Section 363 of Indian Penal Code was registered against an unknown person. On the next day, in the morning one taxi driver by name Raja, who was known to the PW-1 brought the victim boy to the house of victim. The victim complained of pain to his penis and anus. The PW-1 immediately, took the victim boy to the Vadala T.T. Police Station, Mumbai. The victim was medically examined by PW-7. The PW-7 also, took the necessary samples from the body of the victim such as the semen stains, which were found on the body of victim boy, the inner anal mucosa swab and pereniam swab. The said samples were sent for chemical analysis. In the meantime, on receipt of confidential/secret information, the Investigating Officer

2/3

pmk 12-IA-576-2026.doc

arrested the Applicant. CW-1 conducted DNA profiling on the said samples collected by PW-7. The DNA of the said samples matched with the DNA of the Applicant.

Learned counsel appearing for the Applicant submitted that, the person Raja, who traced the victim boy has not been examined by the prosecution. She submitted that, the Applicant was already in Vadala T.T. Police Station in some other crime and has been falsely implicated in the present crime.

Perusal of the record prima facie indicates that, the alleged offence against the Applicant is heinous in nature. Prima facie, there is sufficient corroboration by way of the various reports conducted by the forensic science laboratories, which point the finger of guilt towards the Applicant as the author of the present crime.

In view of the above, we are not inclined to release the Applicant on bail during the pendency of the Appeal.

Applications are accordingly dismissed.

As the Applicant is behind bars for about 10 years, we direct that, Registry to list the Appeal of the Applicant on ‘Final Hearing Board’ for the week commencing from 4^th May, 2026.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

3/3