Thane court acquits seven in MCOCA case due to lack of evidence

The Thane court has acquitted seven persons in a case of attempt to murder, observing that the prosecution has failed to prove the charges and that the accused and the witnesses appeared to have had some sort of settlement outside the court.

Abhitash SinghUpdated: Thursday, January 26, 2023, 04:15 AM IST
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Thane: The Thane court has acquitted seven persons in a case of attempt to murder, observing that the prosecution has failed to prove the charges and that the accused and the witnesses appeared to have had some sort of settlement outside the court.

 The special (MCOCA) Judge Amit M Shete passed the order on January 18, a copy of which was made available on Tuesday.

As per the court documents, in February 2016, the accused attacked the complainant with swords over past enmity at Kashimira in Thane district.

The alleged attackers, including five in their 20s, were booked under the Indian Penal Code (IPC), the Arms Act and the stringent Maharashtra Control Of Organised Crime Act (MCOCA).

The Special Judge in his order held that the prosecution had failed to prove the charges against the alleged accused "who needs to be acquitted" of all charges.       

The Judge said, "To sum up, the prosecution witnesses failed to establish any offence against the accused persons. The evidence which is admitted by the accused as well as produced by the prosecution is not reliable and not that much trustworthy so as to say that the prosecution succeeded to prove any charge. In absence of any clinching and incriminating evidence, the benefit of the doubt needs to be extended to the accused. The accused are also charged for the offence punishable under MCOC Act."

The court said the prosecution could not even establish the charges under the IPC.

"The accused persons are thus, liable to be acquitted for want of evidence. Citing evidence on record, the court also noted that there was some sort of settlement between the witnesses and accused outside the court and, therefore, the witnesses are not deposing against the accused persons" said the Special Judge.

The Judge in his order also said that action against the witnesses was required, however, considering the nature of the offence as well as the relationship between them, it is not worth or advisable to take action against the witnesses.

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