A special court in Thane has convicted three men in a 2017 house theft case but acquitted them of charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA), citing lack of evidence to establish the crime as part of an organised syndicate.
Special Judge (MCOCA) V.G. Mohite sentenced Rahul Machhindra Shinde (44) and Datta Umrao Shinde (35) to five years of rigorous imprisonment after holding them guilty under Section 380 of the Indian Penal Code (IPC), which pertains to theft in a dwelling house. A third accused, Amit alias Pravin Premchand Bagrecha (44), was convicted under Section 411 (dishonestly receiving stolen property) and sentenced to 25 days of rigorous imprisonment.
The order, dated July 18, was made public on Tuesday.
The court, however, acquitted all three of charges under the MCOCA, as well as serious offences under Sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of the IPC. The judge found that the prosecution had failed to establish the essential elements required to invoke MCOCA provisions—specifically, the use of violence, threats, or coercion indicative of organised crime.
“None of the accused voluntarily caused or attempted to cause hurt or wrongful restraint or fear of instant death or instant hurt to anybody while committing said theft in the house,” Judge Mohite noted.
According to the prosecution, the incident took place on March 3, 2017, when a police patrol team received a tip-off about suspected thieves in the Chandresh Park area of Dombivli. Five men were allegedly involved, but only Datta Shinde was immediately apprehended—reportedly with a stolen television and a weapon in his possession. Subsequent police action led to the arrest of Rahul Shinde and Amit Bagrecha, with authorities recovering gold ornaments.
Despite initial charges of dacoity and attempt to cause grievous hurt, the court concluded that the requisite conditions for those offences—such as violence or intimidation—were not satisfied.
The judgment marks a significant development in the case, narrowing the scope of criminal liability from organised and violent crime to individual acts of theft and possession of stolen property.
