A special court in Pune has convicted Sameer Hajju Pathan and Rahul Gajendra Kamble for robbery with the use of a deadly weapon, sentencing them to seven years of imprisonment. However, the court acquitted both accused of charges under the Maharashtra Control of Organised Crime Act (MCOCA), emphasizing that the existence of an organised crime syndicate is a fundamental requirement for invoking the law.
Incident Details
On April 30, 2018, around 10:30 pm, a civil engineering student was robbed of her gold chain near Ratnadeep housing society in Erandwane, Pune. The two men approached her on a motorcycle, asked for directions, and then snatched the chain. When the victim resisted, they assaulted her with a sharp-edged weapon before fleeing the scene.
Court's Verdict
The court convicted Pathan and Kamble under sections 394 (robbery) and 397 (robbery with attempt to cause death or grievous hurt) read with section 34 of the Indian Penal Code. Since they had been in custody since August 2018, the court directed their release after setting off the term already served. A third accused was acquitted of all charges due to lack of evidence linking him to the robbery.
MCOCA Charges Rejected
The prosecution had invoked MCOCA, citing multiple prior criminal cases against the accused. However, the court rejected the organised crime angle after examining the statutory requirements under the law. The court observed: "Mere having criminal antecedents or existence of commonality of the accused in some of those crimes will not be sufficient, in absence of existence of 'organised crime syndicate' to prosecute them for the offences under MCOC Act."
Explaining the legal threshold, the court stated that the existence of an "organised crime syndicate" is a prerequisite for applying MCOCA, and this cannot be presumed simply because multiple charge sheets exist against the accused. The ruling underscores the need for concrete evidence of syndicate activity, not just a history of individual crimes.
