Mumbai man acquitted in MCOCA chain-snatching case as court cites identity failure

THANE: A 57-year-old Mumbai man accused of chain snatching and slapped with charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) was acquitted by a Special MCOCA Court in Thane after the prosecution failed to prove his identity as 1 of the perpetrators.

Special Judge VG Mohite acquitted Mohammad Jameer Bashir Shaikh, a resident of Lallubhai Compound, Mankhurd, of all charges, including robbery under Section 394 read with Section 34 of the Indian Penal Code, and Sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act, 1999.

On June 22, 2023, complainant Sampada Suryakant Kale was returning home on foot from a Swaminarayan temple in Naupada, Thane, when 2 men on a motorcycle approached her from behind near a Jain temple at around 4:45 pm. The pillion rider snatched her gold chain weighing approximately 27 grams, valued at Rs 75,000, leaving a scratch injury on her neck. A case was registered at Naupada Police Station.

The court identified glaring lapses in the prosecution’s case. Most critically, the complainant admitted she could not identify the accused, as she did not properly see the faces of the robbers. Despite this, the investigating officer never conducted a Test Identification (TI) parade, a step the court called a “material lacuna”.

Recovery of gold ingots and a motorcycle, allegedly made at the accused’s instance, was also held unreliable, as the prosecution failed to examine independent panchas to corroborate the investigating officer’s testimony. The goldsmith who reportedly melted the stolen ornaments was never examined as a witness.

On the MCOCA charges, the court noted that the accused did not acquire any immovable property from illegal income, and his bank records showed no suspicious deposits. His house was allotted by a Land Acquisition Officer in connection with a Metro Project, not criminal proceeds.

Shaikh, who was in custody since his arrest on August 3, 2023, was ordered to be released forthwith. The case was in trial for over 2 years before the Special MCOCA Court.