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.

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 religious visit to Parali Vaijinath. After intercepting his vehicle, prosecution claims that, PW1 informant, his watchman, wife of watchman and informant’s son were forced to come out of the vehicle and threatened and beaten and thereafter in his own car, his wife was abducted by two of them and after taking her to some distance, she was raped and then abandoned on the road and car of PW1 was also taken by those two persons. Remaining two accused had driven the vehicle of PW6 Lalasaheb and they all subsequently fled. PW1 sought help of PW10 Shrikant who used his motorcycle to bring back PW2 and thereafter, PW2, who was stripped of her clothes, borrowed saree from PW5 Sunita. By that time, nephew of informant PW1 passed information to police, who accordingly reached there and thereafter PW1 lodged FIR and PW2 gave statement of being raped.

Investigating machinery swung into action and investigation revealed complicity of appellants and they were duly arrested, interrogated and on their disclosures, recovery of vehicle and ornaments etc. was caused. Detailed investigation revealed they to be committing organized crimes and therefore, along with the penal provisions of IPC, charge under MCOC Act was also applied and they were duly challaned on conclusion of investigation. Their case was tried by special Judge, who on appreciating the evidence adduced by prosecution, held the case and charges proved and passed following order:

1. Accused no.1 Deepak Dattatraya Jawale, accused no.2 Abhaya @ Abi @ Abhay Bhaskar Pore, accused no.3 Vijay Sarjerao Bade, accused no.4 Sunil @ Gajanan Vishwambhar Ekhande are convicted under the provisions of Section 235 (2) of the Cr.P.C. for the following offences:-

A. U/sec. 392 of I.P.C., and sentenced to suffer rigorous imprisonment for 12 years and to pay fine of Rs.5000/- each i.d. suffer further R.I. for 01 year.

B. U/sec. 394 of I.P.C., and sentenced to suffer rigorous life imprisonment and to pay fine of Rs.5000/- each i.d. suffer further R.I. for 01 year.

C. U/sec. 366 of I.P.C., and sentenced to suffer rigorous imprisonment for 05 years and to pay fine of Rs.1000/- each i.d. suffer further R.I. for six months.

D. U/sec. 341 of I.P.C., and sentenced to suffer rigorous imprisonment for one month.

E. U/sec. 3(1)(ii) of MCOC Act and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,00,000/- each, i.d. suffer further R.I. for 03 years.

F. U/sec. 3(2) of MCOC Act and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,00,000/- each, I.d. suffer further R.I. for 03 years.

2. Accused no.1 Deepak Dattatraya Jawale and accused no.2 Abhaya @ Abi @ Abhay Bhaskar Pore are convicted under the provisions of Section 235 (2) of the Cr.P.C. for the following offences :-

I. U/sec. 376(2)(