In a decisive ruling, a Thane district court has acquitted three men previously charged under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for a nearly two-decade-old armed robbery incident, highlighting significant lapses in the prosecution’s evidence.
The court, presided over by Special MCOCA Judge Amit Shete, found that the prosecution could not substantiate the charges levied against the defendants, necessitating their acquittal due to the benefit of doubt. The verdict was issued on September 25, with details released to the public this Saturday.
The individuals acquitted include Selvaraj Subramaniam Mudliyar, 45, Jairam Achhelal Jaiswal, 39, and Anil Jasram Chauhan, 48. The proceedings against two other accused were terminated following their deaths during the trial, leading to an abatement of the case concerning them.
Initially, the defendants were indicted for armed robbery and involvement in organized crime, as specified under both the Indian Penal Code (IPC) and MCOCA. The incident in question occurred on August 1, 2005, when a group of armed individuals reportedly assaulted and robbed a hotel owner on the Kalyan-Nashik Road.
Throughout the trial, defense attorneys Sagar Kolhe and Haresh Deshmukh challenged the integrity of the prosecution’s case and the investigative procedures. They pointed out critical flaws in evidence collection and witness testimony. Judge Shete, in his ruling, emphasized these investigative shortcomings, noting discrepancies in the informant’s testimony, especially concerning the timing of the filed FIR and the identification process during the parade.
