PUNDLIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the present appeals is to the judgment and order dtd. 24/8/2017 passed by the learned Special Judge, MCOC, Nagpur in Special MCOC Case No. 3/2015, whereby the Special Court has convicted the appellants (four in number) for the offences punishable under Ss. 376(D), 366, 504, 506B, 377 and 394 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). The Special Court, however, has acquitted the appellants for the offences punishable under Sec. 4/25 of the Arms Act, 1959 as also of the offence punishable under Sec. 3(1)(ii) of the Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOC Act").

(2.) The appellants have been sentenced to undergo rigorous imprisonment for 20 years for the offence punishable under Sec. 376(D) of the IPC, for 5 years for the offence punishable under Sec. 377 of the IPC and for 1 year for the offence punishable under Sec. 394 of IPC. Sentence has been imposed for the offences punishable under Ss. 366, 504 and 506-II of the IPC as well, however, the Special Court has held that the sentence for the said offences shall run concurrently along with the sentence for the offence punishable under Sec. 376(D) of the IPC. The sentence for the offences punishable under Sec. 377 and 394 of the IPC has been directed to run consecutive to the sentence for the offence punishable under Sec. 376(D) of the IPC.

(3.) Having heard both sides and having gone through the paper-book, the following points arise for my consideration. I have recorded my findings thereon for the reasons to follow. <FRM>JUDGEMENT_41_LAWS(BOM)12_2023_1.html</FRM> REASONS