Thane Sessions Court Convicts 2 Men For Criminal Assault And Intimidation In 2016 Case; Acquits Them Of MCOCA Charges

Thane: The Thane Sessions Court has convicted two men on charges of criminal assault, intimidation, and outraging the modesty of women, in a case dating back to 2016. The duo, identified as Ganesh Shinde alias Kalya Ganya and Ankush Gawand, were, however, acquitted of serious charges under the Maharashtra Control of Organised Crime Act (MCOC) due to insufficient evidence.

The case was filed by Sameer Banda, a cremation ground worker residing in Thane, who alleged that on the night of September 9, 2016, the accused forcibly entered his home during Ganesh Chaturthi celebrations and attempted to extort money.

According to the complaint, the accused grabbed Banda by the neck and demanded Rs 10,000. When Banda pleaded that he did not have the cash, the accused became aggressive, used abusive language, and issued threats.

Banda’s wife and visiting relatives, including his sisters-in-law Parmeshwari Bagal and Sanketa Tak, were present during the incident. When they attempted to intervene, the accused verbally abused them in obscene language, allegedly with the intent to outrage their modesty. The accused then demanded Rs 2,000 more to buy alcohol, and upon refusal, left the premises after further intimidation.

Following the complaint, Kalwa Police registered an FIR under multiple sections including criminal intimidation, house-trespass, assault on women, and extortion. Given the accused’s alleged history of criminal activity, the police also invoked the MCOC Act. However, during trial, the court noted that the prosecution failed to establish a clear link between the accused and any organized crime syndicate.

The court observed that while prior FIRs existed, they were largely against unknown persons and did not demonstrate that Shinde or Gawand were part of any criminal syndicate as required under the MCOC provisions. “The material so collected is not sufficient to hold that the accused Ganesh Shinde is running any crime syndicate of which Ankush Gawand and others are members,” the court noted.

Meanwhile despite the failure to prove organized crime charges, the prosecution succeeded in establishing the charges of criminal assault, threats, and outraging the modesty of women. The court, however, took into account the period already served by the accused in judicial custody during the trial period. Since the punishment for these convictions was covered by time already served, the sentence was set off.