Thane Court Acquits Two Men In Robbery, MCOCA Case

A special court in Thane has acquitted two men who were facing robbery charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA), observing that the prosecution failed to present reliable and corroborative evidence linking them to the alleged crime.

The case dates back to September 11, 2022, when a woman’s gold chain was allegedly snatched in the Kalyan area of Thane district. Based on the criminal antecedents of the accused, police invoked provisions of MCOCA, which is generally applied in cases involving organised crime syndicates.

The accused, identified as Jaykumar Komal Rathod (38) and Gazi Dara Irani alias Sayyad (33), were charged with robbery and organised crime offences. However, the court found major lapses in the investigation and prosecution process.

Special MCOCA Court Judge V G Mohite, in the judgment delivered on Friday, stated that the prosecution could not establish beyond reasonable doubt that the accused were involved in the robbery or that the offence was committed as part of an organised crime syndicate for financial gain.

The court noted that the Test Identification Parade (TIP), a crucial procedure used to identify suspects, was not conducted according to prescribed guidelines, making the identification of the accused unreliable. It also observed that the alleged recovery of the stolen gold chain was not supported by independent and trustworthy witnesses, as key panch witnesses turned hostile during the trial.

The judge further remarked that merely having previous charge sheets against the accused was not sufficient to establish organised crime under MCOCA in the absence of concrete proof in the present case.

Since the prosecution failed to prove the primary offence of robbery under Section 392 of the Indian Penal Code, the court ruled that the organised crime charges under MCOCA could not survive.

The court subsequently ordered the immediate release of the accused if they were not required in connection with any other case.

Legal experts say the verdict highlights the importance of proper investigation and procedural compliance in cases filed under stringent laws such as MCOCA, where courts require strong and credible evidence before sustaining charges related to organised crime.