RAJESH DHANAJI DHONDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants - Original accused nos.4, 3, 1 and 2 (herein after referred to accused Accused no.4, Accused No.3, Accused No.1 and Accused No.2 respectively) were tried for the offences under Section 364A, 365, 397 of IPC and under Section 3(1)(ii), 3(2), 3(3), 3(4) of the Maharashtra Control of Organized Crime Act, 1999, (in short MCOC Act) in MCOC Case No.15 of 2005. By judgment and order dated 17.2.2009 the Spl. Judge convicted the accused and sentenced them to life imprisonment and to pay fine of Rs.25,000/ - in default rigorous imprisonment for three years in respect of the offence under Section 364A. The accused are sentenced to undergo rigorous imprisonment for 7 years and fine Rs.10,000/ - in default to doc undergo rigorous imprisonment for one year for each of the offences under Section 365 and 397 of IPC. The accused nos. 1 to 3 are also convicted for the offence under Section 3(1)(ii) whereas the accused no.4 is convicted for offence under Section 3(4) of MCOC Act and have been sentenced to undergo rigorous imprisonment for five years and fine of Rs.5 lakhs each and in default to undergo rigorous imprisonment for three years. The appellants -accused by these appeals have assailed the legality and validity of their conviction and sentence.

(2.) Briefly stated the prosecution case as unfolded before the trial court is as under: PW2 Pradip Solanki, the brother -in -law of the first informant PW1 Manoj Rana, was a model and acted in TV serials. He came across one advertisement of Omkar Telefilms, Mumbai, published in Times of India dated 29th September, 2004 calling for the portfolio of young and dynamic boys and girls between the age group of 16 to 25 years for audition of mega tele serials. PW2 Pradip sent his biodata as required in the said advertisement. PW2 received a phone call from one Aryan Shah informing him that he was selected. PW2 was called for audition at Mumbai on 21 st October, 2004. PW2 was told that he would be received by their person at the airport.

(3.) PW3 Prashant Rana, brother of the first informant decided to accompany Pradip. On 21st October, 2004 PW2 and PW3 proceeded to Mumbai by Deccan Airways. They reached Mumbai at 11.00 a.m. The absconding accused Raju and the Rajesh (A1), Sartaj (A3), and Majhar (A4), received them at the airport. They took PW2 Pradip and PW3 Prashant towards Gujrat by a grey coloured Maruti Esteem Car bearing No. GJ 15 C 2962. PW3 was told that he could not accompany PW2 and he was dropped at Hotel Gulfam.