JUDGMENT:- By this appeal, the appellant challenges his conviction for offence punishable under Sections 3(l)(ii) and 3(4) of the Maharashtra Control of Organised Crimes Act ("MCOC Act", for short) and sentence of rigorous imprisonment for seven years and fine of rupees five lacs and conviction for offence punishable under Section 384 read with Section 511 of the Penal Code and sentence of rigorous imprisonment for one year and fine of rupees two thousand imposed upon him by the learned Judge, Special Court, under MCOC Act, at Nagpur.

2. Facts, which led to the appellant's prosecution, are as under :

The appellant, along with absconding accused Anil Paunipagar, were prosecuted by the State for their involvement in organised crime in Nagpur. On 28-6-2001, When Ashok Moudekar was in his shop at 6.30 p.m., the appellant, a member of gang of Anil Paunipagar, entered his shop and started threatening Ashok. He demanded that Ashok should pay him Rs.1,000/- by way of Khandani (protection money). The appellant threatened Ashok that if the demand is not fulfilled, then the appellant and other members of the gang will cause hurt to Ashok and his servants. On receipt of the complaint of Ashok, t

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