ROHAN NANDIKISHOR NAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was the original accused No.2 in MCOC Case No.6/2017 before the Additional Special Judge under MCOC Act , Pune. There was one more accused in the said case i.e. the accused No.1 Salim @ D. Badshaha Babu Tamboli. The result of the trial was as follows -

(2.) Heard Mr. Pawan Mali, learned counsel for the Appellant and Ms. Ranjana D. Humane, learned APP for the State.

(3.) The prosecution case is that one Ganesh Bhandalkar and Sikandar Sattar Shaikh were travelling in a goods carrier. Ganesh was the driver and Sikandar was the cleaner in that vehicle. In the night between 10th and 11/9/2016, at about 02.50 a.m. at Dive Ghat District Pune, both the accused intercepted their vehicle and climbed the vehicle. The Appellant was having a Koyta. He opened the window on the cleaner's side. They entered the vehicle and robbed both Ganesh and Sikandar of their articles and money. They then went away on their two wheeler. They had also committed similar robbery in respect of another vehicle. The police were informed. Some of the police officers chased that two wheeler. While going away, both the accused fell from their motorcycle and they were arrested. The stolen articles were found in their possession. The FIR was lodged and the investigation was carried out. The Spot Panchanama was conducted. The injured victims were sent for medical examination. During the course of investigation it was revealed that there were other antecedents against the accused. This offence was committed as a part of the organized crime. Therefore, proposal was sent for applying provisions for MCOC Act . The approval u/s 23(1) of the MCOC Act was granted. The investigation was carried out by the specially appointed Police Officer under that approval order. At the conclusion of the trial, the charge-sheet was filed with the sanction of the competent authority u/s 23(2) of MCOC Act. The trial was conducted before the Special Court for MCOCA, at Pune.