5 acquitted in MCOCA case for lack of ‘independent witness’

Prosecution relied solely on the police evidence and the confessional statements of the accused, the local court said

First India Bureau

Thane: A local court here has acquitted five persons being tried under the Maharashtra Control of Organized Crime Act (MCOCA) in an alleged robbery and assault case, on the grounds that the prosecution failed to examine any independent witnesses. Instead, the prosecution relied solely on the evidence of the police and the confessional statements of the accused, Special court judge AM Shete, said in his order passed on Tuesday, which was made available on Thursday.

The court gave the accused the benefit of doubt, and directed that they be released immediately unless required in any other case.

The prosecution told the court that the incident had occurred on the night of February 03, 2010, when the victim--a driver--was returning from Dahisar by road. He had halted near a temple and stepped out for a while. When he returned to the car, the accused persons assaulted him, pushed him into the car and drove it away. The accused, who are ages between 40 and 47, were booked under var-

The prosecution witnesses can be said to have failed to prove the guilt of the accused persons beyond all reasonable doubt. Therefore, the accused are required to be acquitted as there is no other way out.

Shete, Special Court Judge

—AM

ious sections of the Indian Penal Code (IPC) and the MCOCA for voluntarily causing hurt, robbery, conspiracy to commit organized crime, it said. In the order, the judge said, “It is required to mention that the prosecution in order to establish the guilt of the accused, examined all 14 witnesses who are police officials (including the sanctioning officer). The prosecution placed heavy reliance on the confessional statements of the accused.

The prosecution, except the evidence through police officials, failed to produce any independent evidence.”

The evidence brought on record cannot be easily brushed aside. However, considering the serious offence and the prescribed punishment coupled with the ratio laid down in the case of Sanjay Dutt, some corroboration is required, the court said.