Thane, April 11: The special Maharashtra Control of Organised Crime Act (MCOCA) court, Thane, has acquitted two accused in a 2023 chain-snatching case from Ulhasnagar, holding that the prosecution failed to establish their identity and prove charges under both the Indian Penal Code and the Maharashtra Control of Organised Crime Act (MCOCA).
Accused acquitted of charges
The Special Judge (MCOCA), V.G. Mohite, while delivering the judgment on April 10, acquitted Abdulla Sanje alias Sanjay Irani and Saurabh alias Sonya Salunkhe of offences under Sections 392 (robbery) and 506 (criminal intimidation) read with Section 34 of the IPC, as well as provisions of the MCOC Act.
Case background
According to the prosecution, the complainant, Sanjay Nainwani, was riding his motorcycle on January 14, 2023, when two unidentified persons on another bike allegedly snatched his 18-gram gold chain near Anandnagar in Ulhasnagar. The accused were later arrested, and the police invoked provisions of the MCOC Act, claiming their involvement in organised crime.
Court flags gaps in identification
The court, however, found significant gaps in the prosecution’s case, particularly regarding the identification of the accused.
The order copy reads that the complainant’s claim of seeing the face of one accused was not mentioned in the initial complaint, making it an “improved version” during trial. The court observed that the incident occurred within a short span, and the assailants had concealed their faces, making reliable identification difficult.
Issues with test identification parade
The Test Identification (T.I.) parade was also found to be procedurally deficient. The court pointed out that there was no record indicating whether proper safeguards were followed, including ensuring that the accused were not shown to the witness prior to the parade.
Doubts over recovery of evidence
The court further raised doubts about the alleged recovery of the stolen gold chain and other items. It noted inconsistencies in the seizure process and observed that the investigating officer had failed to properly account for the custody of seized articles. This, the court said, raised the possibility of evidence being planted.
Additionally, the recovery of the chain from a locked house was not supported by independent witnesses, weakening the prosecution’s claim.
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MCOCA provisions not established
On the applicability of the MCOC Act, the court held that the prosecution failed to prove the essential ingredients of “organised crime” and “continuing unlawful activity.”
It ruled that mere reliance on previous charge sheets and a confessional statement—which was later retracted—was insufficient to establish guilt under the stringent law.
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