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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Abhay @ Abhi @ Abhya S/o Bhaskar Pore – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. By way of distinct appeals, convicts for offence under Sections 392, 394, 366, 341, 354 and 376 (2)(g) r/w 34 of the Indian Penal Code [IPC] and Sections 3 (1)(ii), 3(2) of the Maharashtra control of Organized Crime Act, 1999 [MCOC Act] are hereby assailing judgment and order of conviction passed by learned Special Judge, Aurangabad dated 22.08.2016 in Special Case No. 02 of 2010.
Above appeals being dealt together and heard together, are decided by way of common judgment.
PROSECUTION STORY UNFOLDED IS AS UNDER
2. While PW6 Lalasaheb, in his private car/cab was returning towards Pune after dropping passengers at Aurangabad, he was again hired by accused persons near Ahmednagar Bus Stand to go towards Pune. After travelling short distance, when PW6 Lalasaheb halted his vehicle to purchase water bottle, accused appellants decamped with his vehicle and so, when his chase turned out futile, he lodged report. These accused persons further intercepted PW1 informant, who was travelling with his family and domestic help in his own vehicle after paying rel
The court upheld convictions for robbery and rape, confirming the applicability of the MCOC Act and emphasizing the gravity of the offenses, while reducing excessive fines imposed on the convicts.
The court established that while the prosecution failed to prove conspiracy, sufficient evidence existed to convict certain accused of murder and related offences.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
The prosecution must prove the case beyond reasonable doubt, and the absence of incriminating evidence can lead to acquittal.
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
The judgment clarified the standards for proving membership in an organized crime syndicate and the necessity of demonstrating continuing unlawful activity under MCOCA.
The failure to conduct a Test Identification Parade and prove ownership of recovered property resulted in insufficient evidence for conviction, emphasizing the prosecution's burden to establish guilt....
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