After a prolonged legal battle spanning seven years, a special court in Thane has acquitted notorious gangster Suresh Pujari and four other individuals in a case of attempted murder and extortion dating back to 2017. The decision, delivered by Special Court Judge Amit M. Shete, was based on significant inconsistencies in the prosecution’s evidence.
The case, which invoked the stringent Maharashtra Control of Organised Crime Act (MCOCA), centered around an incident at Hotel Galaxy in the Nallasopara area of Palghar district. According to the prosecution, a masked individual entered the hotel on May 7, 2017, inquired about the owner, and then fired at the manager, Dilip, before fleeing the scene. A note left behind implicated gangster Suresh Pujari in the crime.
Despite the serious nature of the charges, which included sections under the IPC for attempt to murder, the Arms Act, Bombay Police Act, and the MCOCA, the court found the prosecution’s case to be fraught with major flaws. Notably, the court highlighted the failure of the prosecution to establish the accused’s involvement beyond a reasonable doubt.
One of the critical points raised during the trial was the absence of a test identification (TI) parade, which the judge noted as a significant oversight by the investigation officer. This failure made it difficult to conclusively link the accused to the crime scene. Additionally, the hotel’s staff, including the injured manager, could not positively identify any of the accused as the assailant.
Further complicating the prosecution’s case were issues with the electronic evidence presented. The court pointed out procedural gaps, such as the absence of a section 65B certificate required under the Evidence Act for authenticating electronic records. Concerns about the potential tampering of voice samples also undermined the credibility of the evidence.
In his ruling, Judge Shete remarked, “The prosecution may have rightly invoked the offence under the MCOCA. However, the prosecution and witnesses failed to prove the basic offence under the IPC. Since the basic offence is not proved, the accused are also entitled to the benefit of doubt for the offence under MCOCA.”
