Special Mumbai court acquits two in gangster Ravi Pujari extortion case due to involuntary confession

Mumbai: A special MCOCA court on Tuesday acquitted two accused in an extortion case allegedly connected to gangster Ravi Pujari. The court observed that the confession was a result of threat and inducement, and involuntary, as the parents of the accused were kept in police custody and police officers were present in the confessional room. The case relates to alleged extortion threats made by gangster Pujari to a builder and his family members, demanding Rs 2 crore between Nov 26, 2018, and Jan 18, 2019. However, acquitting the duo, William Rodrigues (30) and Akash Shetty (40), the judge said, "On testing the truth of the confession, it appears that it is not made voluntarily and it is not free from threat and inducement. Therefore, no presumptive evidential value is attached to the confession and it cannot be the basis of conviction of the accused."In the 53-page judgement copy made available on Thursday, the judge pointed to the presence of police officers in civil clothes and the investigating officer inside the confession room. The judge said that the evidence of the police was not genuine. The judge noted that two police officers who departed did not deny the presence of the parents of the accused in their office. "Under such circumstances, as per arguments advanced by the defence counsel, the possibility cannot be ruled out that the parents of William were kept in the custody of the police and thereafter by use of threats about the action against the parents, William was sent for recording of confession. On this ground also, the confessional statement of William is not looking… to be a voluntary one," the judge said.The victim's family was involved in the building construction business. The extortion threats were related to their construction projects. The prosecution alleged that Rodrigues and Shetty were involved in collecting information about the victims and providing it to the then-wanted accused Pujari. It was also submitted that Pujari attempted to threaten the victim's brother and explicitly threatened to kill his son as part of the extortion. The prosecution's case alleges that Pujari obtained the phone numbers of the victim's family through Shetty. Pujari was deported in 2020 and the trial against him was separated.The prosecution submitted that Rodrigues expressed his willingness to confess on Feb 1, 2019. Subsequently, the DCP was appointed to record the confessional statement, and Rodrigues was held in separate police custody at Azad Maidan before the statement was taken. The confessional statement was documented in two parts. The Special Public Prosecutor argued that the confession was "free and voluntary, without any threat," and that it "established the guilt of both the accused and their involvement in the organised syndicate crimes with gangster Ravi Pujari". The prosecutor further stated that Rodrigues was given a sufficient 24-hour opportunity and was kept separately, with the confession corroborated by the victim's evidence.However, the defence lawyer strongly challenged the voluntariness and admissibility of the confession. It was submitted that the mandatory 24-hour period was not properly given to the accused and alleged that the confession was recorded under duress. The defence submitted that the confession was "manipulated" and "retracted at its earlier opportunity," therefore arguing it "cannot be relied upon". Mumbai: A special MCOCA court on Tuesday acquitted two accused in an extortion case allegedly connected to gangster Ravi Pujari. The court observed that the confession was a result of threat and inducement, and involuntary, as the parents of the accused were kept in police custody and police officers were present in the confessional room. The case relates to alleged extortion threats made by gangster Pujari to a builder and his family members, demanding Rs 2 crore between Nov 26, 2018, and Jan 18, 2019. However, acquitting the duo, William Rodrigues (30) and Akash Shetty (40), the judge said, "On testing the truth of the confession, it appears that it is not made voluntarily and it is not free from threat and inducement. Therefore, no presumptive evidential value is attached to the confession and it cannot be the basis of conviction of the accused."In the 53-page judgement copy made available on Thursday, the judge pointed to the presence of police officers in civil clothes and the investigating officer inside the confession room. The judge said that the evidence of the police was not genuine. The judge noted that two police officers who departed did not deny the presence of the parents of the accused in their office. "Under such circumstances, as per arguments advanced by the defence counsel, the possibility cannot be ruled out that the parents of William were kept in the custody of the police and thereafter by use of threats about the action against the parents, William was sent for recording of confession. On this ground also, the confessional statement of William is not looking… to be a voluntary one," the judge said.The victim's family was involved in the building construction business. The extortion threats were related to their construction projects. The prosecution alleged that Rodrigues and Shetty were involved in collecting information about the victims and providing it to the then-wanted accused Pujari. It was also submitted that Pujari attempted to threaten the victim's brother and explicitly threatened to kill his son as part of the extortion. The prosecution's case alleges that Pujari obtained the phone numbers of the victim's family through Shetty. Pujari was deported in 2020 and the trial against him was separated.The prosecution submitted that Rodrigues expressed his willingness to confess on Feb 1, 2019. Subsequently, the DCP was appointed to record the confessional statement, and Rodrigues was held in separate police custody at Azad Maidan before the statement was taken. The confessional statement was documented in two parts. The Special Public Prosecutor argued that the confession was "free and voluntary, without any threat," and that it "established the guilt of both the accused and their involvement in the organised syndicate crimes with gangster Ravi Pujari". The prosecutor further stated that Rodrigues was given a sufficient 24-hour opportunity and was kept separately, with the confession corroborated by the victim's evidence.However, the defence lawyer strongly challenged the voluntariness and admissibility of the confession. It was submitted that the mandatory 24-hour period was not properly given to the accused and alleged that the confession was recorded under duress. The defence submitted that the confession was "manipulated" and "retracted at its earlier opportunity," therefore arguing it "cannot be relied upon".