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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Abuzar Ayyaz Tamboli – Appellant
Versus
State of Maharashtra through Taddwadi Police Station, Pune – Respondent
| Table of Content |
|---|
| 1. summarizes incident, investigation, and trial evidence. (Para 1 , 2 , 3 , 4) |
| 2. hostile witnesses and inconsistent versions favor acquittal. (Para 6) |
| 3. victim's cross-exam and chemical evidence prove guilt. (Para 7) |
| 4. reliable hostile witness parts and nitrate ions confirm acid attack by accused. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. acid attack on minor lacks sexual intent, excludes pocso. (Para 14 , 15) |
| 6. minimum sentence mandatory; appeal dismissed, no leniency. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
R.M. JOSHI, J.
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.
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 mar
Acid attack conviction under IPC 326A upheld via hostile victim's reliable cross-examination and unexplained nitrate residues on accused's clothes; POCSO quashed lacking sexual intent.
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
The main legal point established in the judgment is the reliance on testimonies, medical evidence, and the appellant's history of harassment to establish guilt and determine the appropriate sentence.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The necessity of corroborative evidence in sexual assault cases is critical, and the failure to provide medical evidence raises reasonable doubt, impacting the legality of convictions.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
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