Thane court acquits 4 booked under MCOCA in robbery case

Thane: A Thane court has acquitted four persons booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for a robbery in 2016, giving them the benefit of doubt in the absence of a strong evidence against them.

Special MCOCA Court Judge Amit M Shete, in the order on July 11, held the prosecution failed to establish any of the charges against the accused.

A copy of the order was made available on Monday.

Special Public Prosecutor Sanjay More told the court that in the early hours of June 16, 2016, an electrical goods shopkeeper noticed five unidentified persons, carrying wooden logs and a knife, breaking into his house at Wada in Palghar district after opening a fencing net installed in the bathroom.

The accused robbed valuables, including Rs 1.50 lakh cash, mobile handsets, gold ornaments, etc and also assaulted the shopkeeper's wife with a wooden log before fleeing.

Based on his complaint, a case was subsequently registered at the Wada police station under Indian Penal Code sections 395 (dacoity), 397 (robbery or dacoity with an attempt to cause death or grievous hurt) and 120(B) (criminal conspiracy) and provisions of the Arms Act.

During the probe, the investigation officer (IO) came across previous criminal cases registered against some of the accused. Therefore, the IO filed a proposal for the invocation of the MCOCA against the accused and the authority concerned granted sanction for it.

Defence counsel Poonit Mahimkar contested the case, opposed the charges and punched holes in the prosecution theory.

The judge in his order said, "On perusal of the entire evidence on record, certain facts emerge which are fatal for the prosecution."

The prosecution witnesses failed to identify the accused, it noted.

As per the evidence of a prosecution witness, the accused covered their faces while executing the crime and that apart, the witness could identify the accused in the test identification (TI) parade, the court said.

"There is no plausible reason furnished by the prosecution so as to demonstrate as to how the witness identified the accused during the TI parade. That apart, the TI parade was conducted after six months from the date of incident," it said.

After the incident, the police arrested the accused and while carrying out the investigation, visited the spot situated near the bungalow where the incident occurred, it noted.

"Thus, the possibility of exposing the identity of the accused to the witnesses cannot be ruled out. Thus, in the absence of a clean, clinching and strong evidence, it is hard to say that the prosecution as well as witnesses have succeeded to prove the charge beyond all reasonable doubt. In the absence of a strong evidence, the accused deserve benefit of doubt," the court said.

So far as the invocation of offence under the MCOCA is concerned, the prosecution witness collected certain chargesheets and in a few of them, the accused were implicated and in a few, they were not implicated, it said.

"The accused have a criminal background and therefore, the invocation of MCOCA cannot be said to be arbitrary. However, the witnesses and prosecution failed to establish the charge punishable under the Indian Penal Code and therefore, the accused are entitled for the benefit of doubt for the offence punishable under the MCOCA," the court said.

Those acquitted are Avinash alias Vakdi Baban Diva (30), Vinod alias Helment Laxman Wagh (31), Rohan alias Rupesh alias Roshan Rajendra Bhanushali (30) and Salman Iliyas Shaikh (30), all labourers from Nehru Nagar at Wada in Palghar.

The case against two other accused -- Anil Gurunath Kamdi and Ravindra alias Matan Laxman Wagh -- was abated as they died during pendency of the trial.