A Thane court has acquitted nine persons booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in a 2016 dacoity case, noting their identification was unreliable and the prosecution failed to prove the charges against them, reported news agency PTI.
The mandatory requirement of the offence of organised crime as defined in Section 2(1)(e) of the MCOCA has not been proved against the accused.
“Therefore, mere collection of copies of previous charge-sheets and according to the sanction order u/s 23(2) of the Act are not sufficient to prove the offence under Section 3 of the MCOCA,” Special Judge (for MCOCA cases) V G Mohite said in the order on December 12, reported PTI.
The prosecution had alleged that the accused threatened a family, wrongfully confined them and stole cash and ornaments from their house at Talasari in neighbouring Palghar district on July 18, 2016.
The accused were booked under Indian Penal Code sections 395 (dacoity), 397 (robbery or dacoity with an attempt to cause death or grievous hurt), 120-B (criminal conspiracy) and provisions of the MCOCA.
Court finds prosecution`s evidence to be unreliable and legally deficient
The Thane court found the prosecution`s evidence, particularly the identification of the accused and recovery of stolen articles, to be unreliable and legally deficient.
It observed that the presence of jail police during the identification parade raised doubts.
“The possibility of tampering by them for the identification of the accused cannot be ruled out,” the judge said, reported PTI.
On witnesses seeing the accused at the police station, the court said, “In these circumstances, identification of the accused claimed by them loses its sanctity.”
Highlighting contradictions in eyewitness accounts regarding face coverings, it said, “If those robbers wore the masks and helmets, then it is not possible to identify them either in court or at the time of TI (test identification) parade,” reported PTI.
The judge also noted contradictions in the identification of the accused before the court.
The nine persons acquitted in the case are Trimani Tangraj (38), Rakesh Babu Chalwadi (30), Kishor Shantaram Rumale Patil (39), Samadhan Pandit Sonawane (31), Sandip Brijlal Chauhan (30), Ashish Pandurang Devare (33), all from Thane district, Umesh Kakdya Farara (41), Sandeep Antya Thakre (34) and Shashikant alias Ganesh Ramdas Godse (47), hailing from Palghar, reported PTI.
The case against another accused, Prashant Prakash Surve, was abated following his death during the pendency of the trial, reported PTI.
(With inputs from PTI)
