Judge Amit M Shete, while delivering the verdict, emphasised the prosecution had failed to prove the offence under the IPC beyond all reasonable doubt. Consequently, the charge under the MCOCA also fails
Representational Pic/File
A court in Thane district in Maharashtra acquitted seven persons booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for attacking and opening fire at some persons, reported the PTI.
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According to the news agency, Special judge Amit M Shete acquitted the accused, who were facing charges of rioting, criminal intimidation, attempt to murder, and engaging in organised crime and other offences under the Indian Penal Code and MCOCA.
Special public prosecutor S B More informed the court that the accused had threatened and attacked the informant, who operated a building supply store, and his partners, as per the PTI.
The accused had allegedly warned the informant and his team not to carry out construction activities on a plot in Mouje Mohili.
On May 20 May 2015, the accused, carrying firearms, followed the informant and his associates and chased their car on Kalyan-Murbad Road, where they attacked them.
The accused opened fire and intimidated the victims, injuring them.
Judge Shete, while delivering the verdict, emphasised the prosecution had failed to prove the offence under the IPC beyond all reasonable doubt. Consequently, the charge under the MCOCA also fails.
It also noted that the cross-examination of the informant brought out his criminal history and involvement in previous violent crimes.
"The informant's actions, including attempts to chase the accused and counter-fire with arms, suggest that the possibility of creating a farce cannot be ruled out. The evidence does not discharge the burden of proving these serious charges beyond all reasonable doubt," the court said.
Meanwhile, in October this year, a Thane court had acquitted four members of the Irani gang booked under the stringent Maharashtra Control of Organised Crime Act in a chain-snatching case, saying there was laxity on the part of police due to which the accused were getting benefit of doubt, reported news agency PTI.
Special Judge (MCOCA) Amit M Shete, in the order on October 1, also directed the police authorities to initiate appropriate action against the errant cops.
The accused were charged under various sections of the Indian Penal Code and the MCOCA, stemming from an incident involving the theft of gold jewellery on July 8, 2019 at Wayale Nagar in Kalyan.
(with PTI inputs)