Thane Court Acquits Nine in 2017 Attempted Dacoity Case, Cites Prosecution Failures

A special MCOCA court in Thane has acquitted nine individuals accused in a 2017 attempted armed dacoity case, delivering a verdict that highlights significant shortcomings in the prosecution's case. Special judge VG Mohite ruled that while the incident of attempted dacoity was established, the prosecution failed to prove the identity of the assailants beyond a reasonable doubt, leading to the acquittal after nearly eight years of legal proceedings.

Background of the 2017 Incident

The case originated on 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, resulting in three occupants sustaining bullet injuries. However, the driver managed to accelerate and escape, with the attackers briefly chasing the vehicle before fleeing. Notably, no cash was actually looted during the incident.

Prosecution's Case and Key Failures

Following the incident, police arrested nine persons and invoked the Maharashtra Control of Organised Crime Act (MCOCA), alleging they operated as an organised crime syndicate led by Vijay Menbansi. During the trial, the court identified several critical inconsistencies in the prosecution's case:

Key eyewitnesses provided contradictory statements and failed to reliably identify the accused in court.
The test identification parade records were not produced, and the executive magistrate who conducted it was not examined.
Two injured witnesses were not examined, with no explanation offered for their absence.
Cash allegedly seized from two accused was deemed irrelevant since no money was actually robbed in the incident.
Firearms recovery evidence weakened after one accused absconded, and the prosecution failed to produce a ballistic report linking the weapons to the crime.

Court's Observations and Legal Implications

Special judge VG Mohite emphasized that the prosecution's inability to establish a conclusive link between the accused and the crime led to the acquittal. 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 a conviction, underscoring the necessity for robust evidence in such cases. A tenth accused remains absconding, and proceedings against him will continue upon arrest.

This case serves as a stark reminder of the challenges in prosecuting organised crime under MCOCA, particularly when key evidence and witness testimonies are inconsistent or lacking. The acquittal after years of trial raises questions about investigative and prosecutorial diligence in high-stakes criminal cases.