JUDGMENT :

(S.M. Modak, J.)

1. These appeals arise from a judgment of conviction delivered by Special Court MCOC Greater Mumbai in MCOC Spl. Case No.20 of 2011 on 31.10.2013. The case pertains to an era when life of Mumbai was faced with many extortion cases. It has affected all sorts of businessmen including industrialists, builders, etc. In the case before us, the entrepreneur dealing with travel business was the scapegoat of the extortionist.

2. The victim/first informant/PW No.12 was having a travel business office at Sion Koliwada, Antop Hill, Mumbai. His business name was “Sangeeta Travels”. There are offices having similar business and other business in and around his office. The first informant was terrorized by showing chopper and he was abducted by Ganesh Shinde - accused No.1. He was accompanied by Ganesh Nichite - accused No.2. They were accompanied by one unknown person whose identity is subsequently disclosed as accused No.4 - Mangesh Chavan.

3. Accused Nos.1 & 2 were known to first informant earlier. They were selling movie tickets illegally. The abductors used the Innova car of the first informant. PW No. 11 drew the Innova car as dominated by the abductors. The apparent reason for abduction was extracting huge amount of Rs.5 lakh from the victim. But trial court felt it otherwise. If the ransom could not have been paid the abductors might have committed his murder. They took the victim to Powai. Their companion joined them during journey. He was accused No.3 Abhijit.

4. The first informant made all attempts to arrange for the ransom amount. He was successful. Accused No.5 Vilas Shinde collected the ransom amount from the office of first informant PW No.12. Office staff of first informant/PW No.1 delivered the amount. The abductors scot free the first informant. This happened on 03.9.2011.

5. The victim was traumatized due to this incident. He did nothing till 3.9.2011. He alongwith his wife dared to visit Sion Police Station on 3.9.2011 at 21.15 hrs. for their help. PW No.18 PSI Devkate listened them and recorded his complaint as an offence under Sections 363,364(A),386, 506(II),34 IPC.

6. Crime Branch Unit No.4, Mumbai investigated the matter and arrested in all 6 accused persons. PW No.19 API Nikam revealed involvement of crime syndicate headed by Ganesh - accused No.1. He sought approval to proceed under the provisions of MCOC Act. As a result PW No.20-ACP Kale carried out further investigation. Sanction was obtained from PW No. 13 – Arup Patnaik.

7. All accused faced trial for the offences punishable under Sections 364,323,386,392, r/w Section 34, 120(B) of IPC and under section 3(1)(ii), 3(4) of Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as MCOC Act) under section 4 read with S. 25 of the Arms Act. Their defence is of denial. Twenty witnesses deposed in favour of the prosecution. Whereas 2 witnesses deposed in support of theory of raising money by pledging ornaments. Accused No. 1 wants to claim source of Rs. 15,000/- which was seized during investigation being part of extorted money. According to accused No.1 this amount was raised after pledging the ornaments by his sister Mrs Laxmi Malve to Jeweller Mr Chandresekhar Mehta. It does not find favour with the trial Court.

8. Trial Court acquitted accused No.6 Ravi from all charges whereas –

Accused Nos.1 to 5 were convicted for the offences punishable under Sections 364, 386 r/w Section 120 B of IPC and under Section 3(1)(ii) and Section 3(4) of the MCOC Act, 1999.

Accused Nos.1 and 2 were convicted for the offence punishable under Section 4 read with section 25 of the Arms Act whereas accused no.1 was convicted for the offence under Section 323 of IPC only.

Accused Nos.1 to 6 were acquitted for the offence punishable under Section 392 r/w. Section 120B of IPC.

9. Accused Nos.1 to 5 are before this Court as appellants. We have hear