2023:BHC-AUG:25217-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 576 OF 2016 WITH CRIMINAL APPLICATION NO. 4406 OF 2022 IN CRIMINAL APPEAL NO. 576 OF 2016 Abhay @ Abhi @ Abhya s/o Bhaskar Pore Aged : 34 years, Occ: Nil, R/o Shivajinagar, Kalyan Road, Ahmednagar. … Appellant [Orig Accused No.2]

Versus The State of Maharashtra Through the Police Station Officer, Ambhora Police Station, Dist. Beed. … Respondent WITH CRIMINAL APPEAL NO. 542 OF 2016 WITH CRIMINAL APPLICATION NO. 3971 OF 2022 IN CRIMINAL APPEAL NO. 542 OF 2016 Deepak s/o Dattatraya Jawale, Age 36 years, Occ : Nil R/o Shedi Pokhardi, Tq. and District Ahmednagar. … Appellant [Orig Accused No.1]

Versus The State of Maharashtra … Respondent WITH CRIMINAL APPEAL NO. 482 OF 2023 Sunil @ Gajanan Vishwambhar Ekhande Age : 44 years, Occ. Nil, R/o. Tawle Nagar, Ahmednagar.

Tq. & Dist. Ahmednagar. … Applicant [Ori. Accused No.4]

Versus

1. The State of Maharashtra Through : Police Station Ambhora, Tq. Ashti, Dist. Beed.

2. Deepak s/o Dattatraya Jawale, Age : 43 years, Occu. : Nil, R/o. : Shedi Pokhardi, Tq. and Dist. Ahmednagar.

3. Abhay @ Abhi @ Abhya Bhaskar Pore, Age : 43 years, Occu. : Nil, R/o. : Shivaji Nagar, Kalyan Road, Ahmednagar.

4. Vijay s/o Sarjerao Bade, Age: 36 years, Occu. : Chinchpur Pangul, Now R/o : Wakdi, Tq. Rahata, Dist. Ahmednagar.

5. Baliram s/o Arjun Ralebhat Age: 44 years, Occu: Nil, R/o. Ralebhat Galli Jamkhed, tq. & Dist. : Ahmednagar. … Respondents WITH CRIMINAL APPEAL NO. 57 OF 2019 WITH CRIMINAL APPLICATION NO. 4424 OF 2022 IN CRIMINAL APPEAL NO. 57 OF 2019 Vijay s/o Sarjerao Bade Age: 23 years, Occ: Nil, Resident of, Chinchpur Pangul, Presently residing at Wakdi, Ta.: Rahata, Dist: Ahmednagar, Maharashtra. … Appellant [Orig. Accused No.3]

Versus The State of Maharasthra Through, the Ambhora Police Station, Tal: Ashti, Dist: Beed. … Respondent …..

Mr. Abhaykumar D. Ostwal, Advocate for appellant in Criminal Appeal No. 57 of 2019.

Mr. Abhaykumar D. Ostwal, Advocate (appointed) for appellants in Criminal Appeal Nos. 542/2016, 576/2016 and 482/2023.

Mrs. V. S. Choudhari, APP for Respondent-State in all appeals.

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CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

Reserved on : 07.11.2023 Pronounced on : 04.12.2023 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 he