Mumbai: The special Maharashtra Control of Organised Crime Act (MCOCA) court of the Thane Sessions Court has acquitted a gang of 17 habitual robbers known for committing organized robberies. They were arrested by the Thane Police in 2007 on charges of allegedly looting a jewelry store near Khadri, Thane.
The accused were acquitted as the police failed to procure the appropriate evidence, including the hockey stick allegedly used during the robbery. Furthermore, the police failed to produce the allegedly looted jewelry worth ₹12,49,000.
Although records indicated that the accused were found in possession of a 10-gram gold chain and a five-gram gold item, the police stated they could not establish a connection between the recovered ornaments and the crime.
The court, presided over by Special Judge Amit M. Shete, stated in its order:
“In the present case, while the police recovered gold ornaments, these were returned to their original owner. However, the investigating agency failed to prove that the recovery was made at the instance of any of the accused involved in this crime. Thus, there is no corroboration in the form of recovery as shown and proved by the prosecution. The so-called recovery was allegedly made at the instance of the prime accused, Sherya, who is now deceased. Furthermore, the police claimed the recovery of ornaments from another accused who is a juvenile in conflict with the law. Therefore, recovery from him does not substantiate the prosecution’s case against the accused.”
The court further noted significant loopholes in the investigation, concluding that the prosecution had failed to prove the charges beyond reasonable doubt.
“Thus as required under the Criminal Jurisprudence, the accused are entitled to the benefit of the doubt. The law is well established that if there is an acquittal, the benefit of the same can be extended to accused persons who are absconding. The evidence presented is insufficient to hold any of the accused, whether present before the court or absconding, guilty. In disposing of the trial and considering the principles of law, the benefit of doubt is also extended to the absconding accused,” the court held.
Accused Sherya, alias Sharad Dayandev, alias Lenya Bhosle, along with 20 others, was arrested by the Thane Police in 2007 for allegedly looting a jewelry store in Khadri village, Thane.
According to witnesses, on April 24, 2007, the accused had gathered outside the victim’s store, allegedly pelting stones at it before marching toward the premises with hockey sticks. They reportedly assaulted the store watchman and looted the shop. The arrests were made based on footage captured on the store’s CCTV cameras.
