ABHAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of distinct appeals, convicts for offence under Ss. 392, 394, 366, 341, 354 and 376 (2)(g) r/w 34 of the Indian Penal Code [IPC] and Ss. 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 dtd. 22/8/2016 in Special Case No. 02 of 2010.

(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.

(3.) Accused Nos. 1 to 4 are hereby acquitted U/sec. 235 (1) of the Cr.P.C., for the offence punishable U/sec. 509 R/w. 34 of I.P.C. and U/sec. 3(3) of MCOC Act.