Special Judge (MCOCA) Amit M Shete, in the order on October 1, also directed the police authorities to initiate appropriate action against the errant cops
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A Thane court has acquitted four members of the Irani gang booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in a chain-snatching case, saying there was laxity on the part of police due to which the accused were getting benefit of doubt, reported news agency PTI.
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Special Judge (MCOCA) Amit M Shete, in the order on October 1, also directed the police authorities to initiate appropriate action against the errant cops.
A 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 PTI.
Those 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 Maharashtra's Thane district, reported PTI.
The 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 Kalyan.
During the incident, Kanade was attacked by two motorcycle-borne persons, leading to the theft of her 'mangalsutra' (sacred necklace worn by married women) and other jewellery, reported PTI.
The judgment detailed that the prosecution failed to produce crucial witnesses, including the investigation officer, despite multiple summons.
The lack of direct identification of the accused during a test identification parade further complicated the prosecution's case, the judge said.
The involvement of the accused in the crime remained highly doubtful, the Thane court noted.
For want of clean, clear and clinching evidence/material, 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 PTI.
"In 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 PTI.
"The 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 noted.
Like the investigation officer, rest of the witnesses also failed to appear before the court, it said.
"The 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 PTI.
"The 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 PTI.
It 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 said.
"In 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, Vasai-Virar Mira-Bhayander 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 PTI.
Considering the available evidence on record, the involvement of the accused in the present crime is highly doubtful, the Thane court added.
(With inputs from PTI)
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