5 months ago
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A Thane tribunal has acquitted 9 persons booked nether the stringent Maharashtra Control of Organised Crime Act (MCOCA) successful a 2016 dacoity case, noting their recognition was unreliable and the prosecution failed to beryllium the charges against them.
The mandatory request of the offence of organised transgression arsenic defined successful Section 2(1)(e) of the MCOCA has not been proved against the accused. "Therefore, specified postulation of copies of erstwhile charge-sheets and according to the authorisation bid u/s 23(2) of the Act are not capable to beryllium the offence nether Section 3 of the MCOCA," Special Judge (for MCOCA cases) V.G. Mohite said successful the bid connected December 12, 2025.
The prosecution had alleged that the accused threatened a family, wrongfully confined them, and stole currency and ornaments from their location astatine Talasari successful neighbouring Palghar territory connected July 18, 2016. The accused were booked nether Indian Penal Code Sections 395 (dacoity), 397 (robbery oregon dacoity with an effort to origin decease oregon grievous hurt), 120-B (criminal conspiracy) and provisions of the MCOCA.
The tribunal recovered the prosecution's evidence, peculiarly the recognition of the accused and betterment of stolen articles, to beryllium unreliable and legally deficient. It was observed that the beingness of jailhouse constabulary during the recognition parade raised doubts. "The anticipation of tampering by them for the recognition of the accused cannot beryllium ruled out," the Judge said.
On witnesses seeing the accused astatine the constabulary station, the tribunal said, "In these circumstances, recognition of the accused claimed by them loses its sanctity." Highlighting contradictions successful eyewitness accounts regarding look coverings, it said, "If those robbers wore the masks and helmets, past it is not imaginable to place them either successful tribunal oregon astatine the clip of TI (test identification) parade." The Judge besides noted contradictions successful the recognition of the accused earlier the court.
The 9 persons acquitted successful the lawsuit 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), each from Thane district, Umesh Kakdya Farara (41), Sandeep Antya Thakre (34) and Shashikant alias Ganesh Ramdas Godse (47), hailing from Palghar.
The lawsuit against different accused, Prashant Prakash Surve, was abated pursuing his decease during the pendency of the trial.
