Thane court acquits two men charged under MCOCA for robbery
A Thane court acquitted Jaykumar Komal Rathod and Gazi Dara Irani alias Sayyad of robbery charges under MCOCA. The judge said the prosecution failed to provide substantial or corroborative evidence, including proper identification and independent recovery of stolen property, and concluded the IPC robbery charge was not proved. The ruling triggers their immediate release if not needed in other cases.
Why It Matters
The acquittal underscores the evidentiary standards required for MCOCA cases, including proving the current preceding offence and proper identification procedures, and highlights challenges posed by hostile witnesses and insufficient corroboration.
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News article reporting acquittal published
An automated news agency feed published the article reporting the Thane court’s acquittal of the two men charged under MCOCA for robbery.
Judgment acquitting two men under MCOCA in Thane
Special MCOCA Court Judge V G Mohite acquitted Jaykumar Komal Rathod and Gazi Dara Irani alias Sayyad. The court found that the prosecution failed to provide substantial or corroborative evidence linking the accused to the crime, did not prove the offence was committed for pecuniary gain as part of an organised crime syndicate, and noted that the Test Identification Parade was not conducted per the manual. Prosecution witnesses turned hostile, and the recovery of the stolen property was not established through independent and reliable panch witnesses. Since the primary offence of robbery under IPC section 392 was not proven, charges under MCOCA could not be sustained, and the judge ordered their immediate release if not required in any other case.
Robbery incident in Kalyan area triggers MCOCA case
A woman’s gold chain was snatched in the Kalyan area of Thane district, which led to police investigations and the filing of charges under the Maharashtra Control of Organised Crime Act (MCOCA) against two men, Jaykumar Komal Rathod and Gazi Dara Irani alias Sayyad.