Thane court acquits seven in MCOCA case for lack of evidence

Special (MCOCA) Judge Amit M Shete passed the order on January 18, a copy of which was made available on Tuesday

Thane court acquits seven in MCOCA case for lack of evidence

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A special court in Maharashtra's Thane district has acquitted 7 persons in a case of attempt to murder, observing that the prosecution had failed to prove the charges and that the accused and the witnesses appeared to have had some sort of settlement outside the court.

Special (MCOCA) Judge Amit M Shete passed the order on January 18, a copy of which was made available on Tuesday.

In February 2016, as per the court documents, the accused had attacked the complaint with swords over past enmity at Kashimira in the district.

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The alleged attackers, including five in their 20s, were booked under the Indian Penal Code (IPC), the Arms Act and the stringent Maharashtra Control Of Organised Crime Act (MCOCA).

In his order, Special Judge Shete held that the prosecution had failed to prove the charges against the alleged accused "who needs to be acquitted" of all charges.

"To sum up, the prosecution witnesses failed to establish any offence against the accused persons. The evidence which is admitted by the accused as well as produced by the prosecution is not reliable and not that much trustworthy so as to say that the prosecution succeeded to prove any charge," said the judge in his order.

"In absence of any clinching and incriminating evidence, the benefit of doubt needs to be extended to the accused. The accused are also charged for the offence punishable under MCOC Act," he said.

The court said the prosecution could not even establish the charges under the IPC.

"The accused persons are thus, liable to be acquitted for want of evidence," said the judge.

Citing evidence on record, the court also noted that there was some sort of settlement between the witnesses and accused outside the court and, therefore, the witnesses are not deposing against the accused persons.

"Action against the witnesses was required, however, considering the nature of offence as well as the relationship between them, it is not worth or advisable to take action against the witnesses," said the judge in his order.

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