Additional Special Judge A N Sirsikar acquitted Shobhan alias Gando Himla Machar of charges under the relevant provisions of the Indian Penal Code and MCOCA
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A special court in Thane district has acquitted a man booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in a 17-year-old highway robbery and dacoity case, citing insufficient evidence, reported news agency PTI.
Additional Special Judge A N Sirsikar acquitted Shobhan alias Gando Himla Machar of charges under the relevant provisions of the Indian Penal Code and MCOCA.
A copy of the order, dated April 29, was made available on Monday.
Machar was arrested in 2008 in connection with a robbery on the Mumbai-Ahmedabad Highway on December 9, 2007, during which vehicles were stopped and occupants looted of valuables worth more than Rs 3 lakh, reported PTI.
According to the prosecution, three leaders of the Youth Congress were on their way to Surat for a public meeting when a gang of dacoits waylaid their vehicle on the highway and attacked and robbed them.
Judge Sirsikar found the evidence presented by the prosecution insufficient and noted the inability of the witnesses to identify the accused.
The Thane court also questioned the admissibility of a confessional statement recorded by a senior police officer.
Judge Sirsikar pointed out a procedural violation, stating the officer who recorded the confession of a co-accused admitted that police stations involved in the investigation were under his control, reported PTI.
"There is a clear-cut violation of Rule-3(2)" of the MCOC Rules, which prohibits investigating officers from being present during confession recording," the judge ruled, reported PTI.
Regarding Machar's alleged confession, the judge stated, "The prosecution has not proved the confession of the present accused recorded by [the police officer]. Moreover, there must be some other evidence. Confession alone is not sufficient to establish the guilt."
The Thane court acquitted Machar and discharged three absconding co-accused.
Thane court acquits man in 2015 triple murder case
Last week, a sessions court in Maharashtra’s Thane district has acquitted a 44-year-old jeweller accused of killing three people, including a 13-month-old child, in a 2015 arson case, citing insufficient witness testimony and lack of conclusive evidence.
Principal District and Sessions Court judge S B Agrawal acquitted Bahadursingh Vadansingh Parmar, a jeweller, of charges under sections 302 (murder) and 436 (mischief by fire or explosive substance with intent to destroy a house, etc.) of the Indian Penal Code, reported PTI.
The prosecution alleged that on the intervening night of December 30 and 31, 2015, Parmar set ablaze Shukila Babalu Shaikh (18), Taniya Bahadur Singh, and their 13-month-old son Jaydev Bahadur Singh in their residence at Mira Road (east), reported PTI.
(With inputs from PTI)
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