The accused were booked under the MCOCA and the Indian Penal Code for stealing cigarettes worth Rs 91 lakh from a godown in Navi Mumbai
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A court in Thane district has acquitted six persons booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in a 2017 robbery case, citing insufficient evidence, reported news agency PTI.
The accused were booked under the MCOCA and the Indian Penal Code for stealing cigarettes worth Rs 91 lakh from a godown in Navi Mumbai.
A copy of the order dated April 16 was made available on Monday.
The court has acquitted Mukesh Mohan Chaudhari @ Raju Rathod (43), Surendra Aslaramji Chaudhari (30), Champalal Chogaram Verma (35), Ratanlal Nagaram Dangi (38), Suresh Hariram Chaudhari (35), and Tejas Champalal Unecha (43), all residents of Pune district, reported PTI.
According to the prosecution, the robbery took place on the night of July 29, 2017, at a godown and cigarette distribution centre in the APMC Market area of Navi Mumbai. A police complaint was lodged, and the accused were arrested and charged based on recovered cigarette cartons and fingerprint evidence.
A case was registered under sections 457 (house-breaking by night), 380 (theft), 120(B) (criminal conspiracy), 411 (dishonestly receiving stolen property), and 34 (common intention) of the IPC, and relevant provisions of the MCOCA.
Special MCOCA judge Amit M Shete noted several critical lapses in the investigation.
He noted that the trial was based on circumstantial evidence, and the prosecution and witnesses failed to establish each chain of circumstances, reported PTI.
Though the prosecution had invoked the MCOCA citing past criminal cases against the accused, the court clarified that since the accused are given the benefit of the doubt for the offence punishable under the IPC, they are required to be acquitted for the offence punishable under the MCOCA.
(With inputs from PTI)
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