A Thane court has acquitted 10 members of the Irani gang facing charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for chain-snatching, giving them the benefit of doubt, reported news agency PTI.
Special MCOCA court judge Amit M Shete, in the order passed on March 16, highlighted significant gaps in the prosecution`s case.
A copy of the order was made available on Wednesday.
The case was pertaining to an incident on February 4, 2015, when a woman was robbed of her `mangalsutra` (necklace worn by married women) and a gold chain by some motorbike-borne persons while she was on way to a temple in Dombivali township of Thane district, reported PTI.
The woman could not identify the registration number of the motorbike and the case was registered against unidentified persons.
The prosecution as well as witnesses failed to prove the preliminary offence of robbery, the Thane court noted.
In his order, the judge noted that the investigation officer, based on three chargesheets, booked all the 10 accused even as only two of them were named in them, reported PTI.
The investigation officer failed to produce on record any previous chargesheets against the other eight accused, the Thane court said.
The judge also said the investigation officer has “wrongly filed the proposal for invoking the offence under the MCOCA” against the other eight accused, reported PTI.
“Thus, in the absence of any positive material, the charge punishable under the MCOCA fails,” the court said while acquitting the 10 accused, who are in the age group of 33 to 77 years, reported PTI.
In another case, a court on Tuesday convicted a 42-year-old man for driving his wife to suicide over dowry harassment in 2013 and handed him rigorous imprisonment for seven years, reported PTI.
Additional sessions court judge, KR Deshpande, acquitted the mother and another female relative of the convict Pramod Bhoir for want of evidence, reported PTI.
The court at Belapur in Thane district also imposed a fine of Rs 7,500 on Bhoir and directed him to pay Rs 6,500 of the fine amount to the complainant, the victim`s brother, as compensation, reported PTI.
Another accused in the case and Bhoir`s father Dattatreya Bhoir died during the pendency of the trial and the proceedings against him abated, reported PTI.
The victim Sugandha Bhoir (23) was harassed by the Bhoir family, including her husband and his parents, after her marriage. She hanged herself on November 5, 2013, in their house in Navi Mumbai, the prosecution told the court, reported PTI.
The court convicted Pramod Bhoir under sections 304-B (dowry death) and 306 (abetment of suicide) of the Indian Penal Code.
Additional Public Prosecutor E B Dhamal said five prosecution witnesses were examined during the trial.
(With inputs from PTI)
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