JUDGMENT

1. The Appellant has challenged the Judgment and Order dtd. 13/07/2018 passed by the Additional Sessions Judge, Greater Mumbai, in Special MCOCA Case No.4 of 2013. There were two accused. The Appellant was the accused No.2. Both the accused including the Appellant were convicted and sentenced as under.

They were convicted for the commission of offence punishable u/s 379 r/w 34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs.5,000.00 and in default of payment of fine to suffer rigorous imprisonment for six months. They were acquitted from the charges of commission of offence punishable u/s 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crimes Act (for short 'MCOCA') and u/s 392 r/w 34 of the Indian Penal Code. They were granted set off u/s 428 of Cr.P.C.

This Appeal is preferred only by original accused No.2.

2. The prosecution case is as follows; On 02/09/2012, the first informant, Nidhi Kadam was traveling in a four wheeler. She was sitting on the rear seat next to her father. The car was driven by her brother. Her uncle was on the other front seat of the car. In Mahim area, one motorcyc