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1 in the Court of Mcoc Special Judge at Greater Bombay 1 { Received on : 03/12/2011 { Registered on : 14/12/2011 MCOC SPECIAL CASE NO.19/2011 { { Decided on : 02/05/2018 { Duration : 6 5 0 { Years Months Days { Received on : 21/02/2012 { Registered on : 01/03/2012 MCOC SPECIAL CASE NO.07/2012 { { Decided on : 02/05/2018 { Duration : 6 2 11 { Years Months Days { Received on : 05/08/2016 { Registered on : 06/08/2016 MCOC SPECIAL CASE NO.15/2016 { { Decided on : 02/05/2018 { Duration : 1 8 27 { Years Months Days IN THE COURT OF MCOC SPECIAL JUDGE AT GREATER BOMBAY (Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES against the accused-Rajendra Sadashiv Nikalje @ Chhota Rajan) MCOC SPECIAL CASE NO.19 OF 2011 ALONG WITH MCOC SPECIAL CASE NO.07 OF 2012 ALONG WITH MCOC SPECIAL CASE NO.15 OF 2016 (CNR NO. MHCC02-010849-2011) The Central Bureau of Investigation, New Delhi (RC1 (S)-2016/SCU.V /SC-II / CBI /New Delhi), [Earlier, the State of Maharashtra, at the instance of Inspector of Police, DCB CID, Mumbai, C.R.No.57/2011, Powai Police Station C.R. No.256/2011] .... Prosecution Versus Rohee Tangappan Joseph @ Rohi @ Satish Kalya @ Sir and 10 ors. .... Accused 2 I N D E X SR.NO. TOPIC PAGE 1 Prosecution case. 10 2 Points for determination. 21 3 Details of the witnesses examined on behalf of 23 the prosecution. 4 Details of the important documents relied upon 41 by the prosecution. 5 Details of the documents relied upon by the 53 Defence. 6 Discussion regarding point no.1 (Homicidal 53 death). 6-A Objections regarding the recovery of the lead 67 (Article-247) from the body of J.Dey. 7 Discussion regarding point nos.2 & 3 (Conspiracy 72 & murder). 7-A Events which took place after the receipt of 73 information of the incident and objections raised by the defence about the registration of the FIR, spot of the incident and the finding of the lead near the spot of the incident, etc. 7-B Objections regarding the arrest of the accused 116 no.1-Rohee Tangappan Joseph @ Satish Kalya, accused no.2-Anil Waghmode & accused no.3- Abhijit Shinde. 7-C Objections regarding the arrest of the accused 129 no.4-Nilesh Shedge. 7-D Objections regarding the arrest of the accused 131 no.5-Arun Dake, accused no.6-Mangesh Aagvane & accused no.7-Sachin Gaikwad. 7-E Objections regarding the arrest of the accused 137 no.9-Deepak Sisodiya. 7-F Objections regarding the arrest of the accused 138 no.10-Paulson Palitara. 3 7-G Objections regarding the arrest/taking into 141 custody of the accused no.11-Ms.Jigna Vora & accused no.12-Chhota Rajan. 8 Consideration and analysis of the evidence. 9 Law relating to criminal conspiracy. 142 10 Concept of reasonable doubt and benefit of 153 doubt. 11 Roles attributed to each of the accused person. 158 12 Antecedents of the accused persons. 162 13 Confession made by the accused no.5-Arun Dake. 13-A Gist of the confession made by the accused no.5- 168 Arun Dake. 13-B Assessment of the statements made by the 173 accused no.5-Arun Dake. 13-C Evidence regarding voluntary nature & 176 truthfulness of the confession made by the accused no.5-Arun Dake. 13-D Analysis of the above evidence. 196 13-E Retraction of the confession made by the accused 237 no.5-Arun Dake. 14 Confession made by the accused no.9-Deepak Sisodiya. 14-A Gist of confession made by the accused no.9- 241 Deepak Sisodiya. 14-B Assessment of the statements made by the 246 accused no.9-Deepak Sisodiya. 14-C Evidence regarding the voluntary nature and 247 truthfulness of the confession made by the accused no.9-Deepak Sisodiya. 14-D Analysis of the above evidence. 272 14-E Retraction of the confession made by the accused 289 no.9-Deepak Sisodiya. 15 Confession made by the accused no.10- Paulson Palitara. 4 15-A Gist of confession made by the accused no.10- 292 Paulson Palitara. 15-B Assessment of the statements made by the 295 accused no.10-Paulson Palitara. 16 Extra-judicial confessions made by the accused no.12-Chhota Rajan. 16-A Evidence regarding the various extra-judicial 298 confessions made by the accused no.12-Chhota Rajan. 16-B Analysis of the above evidence. 327 17 Evidence regarding recovery of various mobile 360 phones, SIM cards and other articles during the personal search of the accused persons and recovery of the revolver, cartridges, empties, motorcycles and the Qualis vehicle on the basis of the disclosure statements made by some of the accused persons. 17-A Evidence in the form of CA/Ballistic reports. 369 17-B Evidence in the form of Call Detail Records and 370 use of mobile numbers by the accused persons. 17-C Evidence in the form of CCTV footage. 382 17-D Evidence regarding interception of the phone call 384 made by the accused no.12-Chhota Rajan to PW.90-Manoj Shivdasani. 17-E Evidence regarding report of the voice analysis of 399 the voice sample of the accused no.12-Chhota Rajan. 17-F Evidence regarding visit of J.Dey to London and 401 Philippines. 17-G Evidence regarding visit of J.Dey to the Uma 406 Palace Bar and Restaurant on 07/06/2011. 17-H Evidence of witness who heard the sound of 411 firing. 18 Objections regarding seizure of articles from the person of the accused at the time of their arrest. 5 18-A Objections regarding seizure from the accused 412 no.1-Rohee Tangappan Joseph @ Satish Kalya. 18-B Objections regarding seizure from the accused 419 no.2-Anil Waghmode. 18-C Objections regarding seizure from the accused 420 no.4-Nilesh Shedge. 18-D Objections regarding seizure from the accused 421 nos.5,6 & 7. 18-E Objections regarding recovery of the I-Phones 429 and I-Pad from the accused no.12-Chhota Rajan and the data retrieved from the I-Phone (Article- 291). 19 Objections regarding recoveries made from the accused persons in view of their disclosure statement. 19-A Objections regarding recovery of the revolver, 437 cartridges and empties from the accused no.1- Rohee Tangappan Joseph @ Satish Kalya. 19-B Objections regarding recovery of the Qualis 472 vehicle (Article-236) at the instance of the accused no.2-Anil Waghmode. 19-C Objections regarding recovery of the motorcycle 479 (Article-261) and rain-coat (Article-254) at the instance of the accused no.4-Nilesh Shedge. 19-D Objections regarding recovery of the motorcycle 489 (Article-240) at the instance of the accused no.6- Mangesh Aagvane. 19-E Objections regarding recovery of the motorcycle 498 (Article-233) at the instance of the accused no.7- Sachin Gaikwad. 19-F Objections regarding recovery of the mobile 507 phone (article-228) and Global roaming SIM card (Article-229) at the instance of the accused no.10-Paulson Palitara. 20 Objections regarding interception of the phone 507 call made by the accused no.12-Chhota Rajan to PW.90-Manoj Shivdasani. 6 21 Objections regarding the CDRs and use of some 508 of the mobile numbers by the accused persons. 22 Analysis of the corroborative evidence. 22-A Analysis of the corroborative evidence with 525 respect to the confession made by the accused no.5-Arun Dake. 22-B Analysis of the corroborative evidence with 536 respect to the various extra-judicial confessions made by the accused no.12-Chhota Rajan. 22-C Analysis of the other corroborative evidence. 540 23 Other submissions made by the Defence. 542 24 Discussion regarding point nos.4 & 5 (Offences 554 under the Arms Act,1959). 25 Discussion regarding point no.6 (Offence under 558 the Bombay Police Act,1951). 26 Discussion regarding point nos.7 to 9 (Offences 561 under the MCOC Act,1999). 27 Discussion regarding point no.10 (Offence 588 u/s.201 of the IPC). 28 Hearing on the point of sentence. 589 29 Operative part of the judgment. 592 (S.S. ADKAR) Date : 02/05/2018 Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES Place : Mumbai against the accused-Rajendra Sadashiv Nikalje @ Chhota Rajan 7 Exh-1714 IN THE COURT OF MCOC SPECIAL JUDGE AT GREATER BOMBAY (Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES against the accused-Rajendra Sadashiv Nikalje @ Chhota Rajan) MCOC SPECIAL CASE NO.19 OF 2011 ALONG WITH MCOC SPECIAL CASE NO.07 OF 2012 ALONG WITH MCOC SPECIAL CASE NO.15 OF 2016 (CNR NO. MHCC02-010849-2011) The Central Bureau of Investigation, New Delhi (RC1 (S)-2016/SCU.V /SC-II / CBI /New Delhi), [Earlier, the State of Maharashtra, at the instance of Inspector of Police, DCB CID, Mumbai, C.R.No.57/2011, Powai Police Station C.R. No.256/2011] .... Prosecution Versus 1) Rohee Tangappan Joseph @ Rohi @ Satish Kalya @ Sir, age: 42 years, occupation: Painter, r/o. Nityanand Chawl, Jawahar Nagar, Golibar Road, Khar (E), Mumbai (presently lodged at Mumbai Central Prison). 2) Anil Bhanudas Waghmode, age: 44 years, occupation: Transport Business, r/o. Amboli Naka, Bhendivali Chawl, Chawl no.313, Andheri (West), Mumbai-400 058 (presently lodged at Mumbai Central Prison). 3) Abhijit Kashinath Shinde, age: 32 years, occupation: Nil, r/o. Sion Laxmibaug Kadarbhai Chawl, Room No.105, Mumbai (presently lodged at Mumbai Central Prison). 8 4) Nilesh Narayan Shedge @ Bablu, age: 40 years, occupation: Vegetable vendor and the property broker, r/o.
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