Thane MCOCA Court Acquits Nine Accused in 2017 Attempted Armed Dacoity Case
A special court in Thane, designated under the Maharashtra Control of Organised Crime Act (MCOCA), has acquitted nine individuals accused in a 2017 attempted armed dacoity case. The court's decision came after a protracted trial spanning nearly eight years, during which the prosecution struggled to establish a conclusive link between the accused and the alleged crime.
Court Cites Prosecution's Inability to Prove Identity of Assailants
Special Judge VG Mohite, presiding over the case, delivered the verdict, noting that while the incident of attempted dacoity was indeed established, the prosecution failed to prove the identity of the assailants beyond a reasonable doubt. This critical shortcoming ultimately led to the acquittal of all nine accused.
Background of the 2017 Incident
The case traces back to July 22, 2017, when employees of a wine shop in Bhiwandi were transporting approximately Rs 7 lakh in cash in a Bolero jeep to their employer's residence in Ulhasnagar. Near village Waret on the Ambadi-Bhiwandi road, two motorcycles intercepted the vehicle. Pillion riders allegedly opened fire while demanding the cash bag.
Three occupants of the jeep sustained bullet injuries during the altercation. However, the driver managed to accelerate and escape the scene. The attackers pursued the vehicle briefly before fleeing. Notably, the cash was not looted in the incident.
Prosecution's Case Unravels During Trial
Following the incident, police arrested nine persons and invoked MCOCA, alleging they operated as an organised crime syndicate led by Vijay Menbansi. However, during the trial, the court identified significant inconsistencies in the prosecution's case.
Key issues included:
- Contradictory statements from key eyewitnesses
- Failure of witnesses to reliably identify the accused in court
- Non-production of Test Identification Parade records
- Failure to examine the Executive Magistrate who conducted the identification parade
- Two injured witnesses were not examined, with no explanation offered
Evidence Weakens as Trial Progresses
The court further observed that cash allegedly seized from two accused was irrelevant since no money was actually robbed during the incident. Evidence related to firearms recovery weakened after one accused absconded, and the prosecution failed to produce a ballistic report linking the weapons to the incident.
With charges of attempt to murder, dacoity, and conspiracy not proved, the MCOCA charges also collapsed. The court ruled that prior criminal records alone were insufficient to secure conviction under the stringent anti-organized crime legislation.
One Accused Remains Absconding
A tenth accused in the case remains absconding, and proceedings against him will continue upon his arrest. The court's acquittal of the nine other accused marks a significant development in a case that has stretched across nearly a decade of legal proceedings.
The verdict highlights the challenges prosecutors face in establishing conclusive evidence in complex criminal cases, particularly when relying on eyewitness testimony and forensic evidence that may deteriorate over time.
