ABUZAR AYYAZ TAMBOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed by the convict takes exception to Judgment and Order dtd. 30/6/2022 passed in Special Case No. 80 of 2021 whereby the accused came to be convicted for the offences punishable under Sec. 326-A and 354-D, 506 of IPC and Ss. 10 and 12 of Protection of Children from Sexual Offence Act, 2012 ('POCSO Act' for short) and was sentenced to suffer maximum imprisonment for a period of 10 years with fine and with default sentence.

(2.) On 23/11/2020, informant-victim while admitted in hospital made statement to the police which was recorded as first information report, wherein she claimed that she had friendship with accused prior to her marriage. After her marriage, accused was harassing her. On that day at about 08.00 a.m. victim went to meet accused by wearing a burka. They met near public toilet at Bhamre School, Parvati Darshan, Pune. At that time, their common friend Sohail was also present but was sitting in an auto rickshaw at about some distance. The victim claims that she was giving understanding to the accused that now she is a married woman and that he should not follow her. At that time, accused threatened her and threw some liquid on her face. As a result of the same, she got burning injuries to the left side of her face. She raised cries for help. The people who gathered at the spot took her to her parents place. On the basis of said information, crime came to be registered vide No.2639 of 2020 with Dattavadi Police Station, Pune.

(3.) The investigation into the said crime was conducted. The statement of the victim was recorded under Sec. 164 of Cr.PC. So also her medical certificates were included in the investigation papers. The spot panchanama was drawn. Seized muddemal was sent for chemical analysis and on receipt of the report, it was placed before the Trial Court. Accused came to be arrested. On completion of investigation, chargesheet was filed before the competent Court.