ABUZAR AYYAZ TAMBOLI vs STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

Apeal No. 797-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 797 OF 2022 Abuzar Ayyaz Tamboli Age -18 years, Occ: Fitter, R/at – Plot No. 39, Opp. of Saibaba Temple, Parvati Darshan, Pune ...Appellant Versus 1) The State of Maharashtra through Taddwadi Police Station, Pune 2) XYZ age: 18 Years, SNEHA R/at – 896, Kasaba Peth NITIN Near Ram Rahim Mitra Mandal, Pune ...Respondents CHAVAN Digitally signed by SNEHA NITIN CHAVAN **** Date: 2026.02.25 18:59:48 +0530 Ms. Anjali Patil a/w Tohid Shaikh for the Appellant. Mr. A.S. Gawai, APP for Respondent No.1. Mr. Rahul Gupta a/w Saumya Goyal for Respondent No.2. WPSI Shital Chitte, Parvati Police Station present. **** CORAM : R.M. JOSHI, J. RESERVED ON : 18th FEBRUARY, 2026 PRONOUNCED ON : 25th FEBRUARY, 2026 :JUDGMENT : 1. This appeal filed by the convict takes exception to Judgment and Order dated 30.06.2022 passed in Special Case No. 80 of 2021 whereby the accused came to be convicted for the offences punishable under Section 326-A and 354-D, 506 of IPC and Sections 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. Sneha Chavan 1 Apeal No. 797-22.doc 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 s