Thane court acquits 4 booked under MCOCA in chain-snatching case

A Thane court has acquitted four members of the Irani gang booked under the stringent Maharashtra Control of Organised Crime Act MCOCA in a chainsnatching case saying there was laxity on the part of police due to which the accused were getting benefit of doubt reported news agency PTISpecial Judge MCOCA Amit M Shete in the order on October 1 also directed the police authorities to initiate appropriate action against the errant copsA copy of the order which came after a lengthy trial that began with a complaint filed on July 8 2019 was made available on Tuesday reported PTIThose acquitted of the charges under the MCOCA are Kasim Afsar Irani 35 Jafar Bhurelal Gulam Husain Irani 28 Sarfaraj Firoj Irani 34 and Aliabbas Zenali Firoj Irani 31 all from Ambivali at Irani locality in Kalyan area of Maharashtras Thane district reported PTIThe accused were charged under various sections of the Indian Penal Code and the MCOCA stemming from an incident involving the theft of gold jewellery of Pushpavati Kanade on July 8 2019 at Wayale Nagar in KalyanDuring the incident Kanade was attacked by two motorcycleborne persons leading to the theft of her mangalsutra sacred necklace worn by married women and other jewellery reported PTIThe judgment detailed that the prosecution failed to produce crucial witnesses including the investigation officer despite multiple summonsThe lack of direct identification of the accused during a test identification parade further complicated the prosecutions case the judge saidThe involvement of the accused in the crime remained highly doubtful the Thane court notedFor want of clean clear and clinching evidencematerial it is hard to say that the investigation agency has succeeded in the recovery of robbed ornaments involved in the present crime it said reported PTIIn the present trial the high court was pleased to direct this court to conclude the present trial within a period of nine months from the date of order on February 8 2024 The prosecution therefore was directed to secure the presence of all relevant witnesses it said reported PTIThe investigation officer who had carried out investigation of the present crime after grant of prior approval under the MCOC Act despite service of witness summons chose not to remain present the Thane court notedLike the investigation officer rest of the witnesses also failed to appear before the court it saidThe police machinery failed to direct concerned to serve the witness summons within time There is absolute laxity on the part of police due to which the accused are getting benefit of doubt the judge said reported PTIThe reluctance on the part of police is certainly highly objectionable and its report to the Commissioner of Police is must in order to initiate appropriate action against the erring police officials as well as the police who are entrusted with the job of service of witness summons the Thane court said reported PTIIt is with due caution and care informed to the Commissioner of Police to also take serious note of casual approach of the police towards the court duty it saidIn order to bring the conduct of police to the notice of Commissioner of Police the copy of this order be made available to the Commissioner of Police Thane VasaiVirar MiraBhayander and Navi Mumbai for suitable action at their end as the same response is noticed from the senior police officials from all these police commissionerates the judge said reported PTIConsidering the available evidence on record the involvement of the accused in the present crime is highly doubtful the Thane court addedWith inputs from PTI