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A special court in Thane district has acquitted four individuals accused under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in connection with a 2011 dacoity case, citing insufficient evidence to sustain the charges.
Special MCOCA judge Amit M Shete acquitted Shravan alias Sarya Nago Waghe (40), Shankar Nago Waghe (33), Somnath alias Sonu Chintaman Kate (34), and Yashwant alias Buta Chandar Waghe (33) of charges including dacoity, criminal conspiracy, and running a crime syndicate. The case against two other accused was abated as they passed away before the trial concluded, according to PTI.
The order, passed on December 12, was made available on Monday.
The prosecution alleged that the incident took place at a water park in Kalyan on December 2, 2011. As per PTI, the accused, armed with iron rods, choppers, and swords, allegedly attacked employees at the park, tied them up, and looted valuables. An FIR was subsequently lodged under sections of the Indian Penal Code (IPC), the Bombay Police Act, and the Maharashtra Control of Organised Crime Act.
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The prosecution contended that the accused were part of an organised crime syndicate with a history of criminal activities. They claimed the accused used violence and intimidation during the dacoity, with the intent to instil fear in the locality. The case relied on confessional statements, medical evidence from injured employees, and circumstantial evidence to substantiate the charges.
However, the court highlighted multiple lapses in the investigation, stating that the prosecution failed to establish concrete evidence linking the accused to the crime. Judge Shete noted that the case was built primarily on circumstantial evidence and confessions, which lacked sufficient corroboration. According to PTI, procedural irregularities were also observed in the recording of confessions, including delays in presenting the accused before a magistrate and inadequate verification of their treatment while in custody.
The court further stated that the prosecution's heavy reliance on unverified confessions and circumstantial evidence was insufficient for a conviction. As per PTI reports, the judge criticised the investigation for its failure to meet procedural requirements, which undermined the credibility of the evidence presented.
(With inputs from PTI)
