9 acquitted in MCOCA dacoity case after 7-year trial

THANE: A special MCOCA court in Thane acquitted 9 accused in a 2017 attempted armed dacoity case, observing that the prosecution failed to conclusively link them to the crime despite nearly 8 years of trial.

Special Judge VG Mohite held that while the incident of attempted dacoity was established, the prosecution failed to prove the identity of the assailants beyond reasonable doubt.

The case dates back to July 22, 2017, when employees of a wine shop in Bhiwandi transported around Rs 7 lakh in cash in a Bolero jeep to their employer’s residence in Ulhasnagar. Near village Waret on the Ambadi-Bhiwandi road, 2 motorcycles intercepted the vehicle, and pillion riders allegedly opened fire while demanding the cash bag. 3 occupants sustained bullet injuries, but the driver accelerated and managed to escape. The attackers chased the vehicle briefly before fleeing. The cash was not looted.

Police subsequently arrested 9 persons and invoked the Maharashtra Control of Organised Crime Act (MCOCA), alleging they operated as an organised crime syndicate led by Vijay Menbansi.

During trial, the court found significant inconsistencies in the prosecution’s case. Key eyewitnesses gave contradictory statements and failed to reliably identify the accused in court. The Test Identification Parade records were not produced, and the Executive Magistrate who conducted it was not examined. 2 injured witnesses were also not examined, with no explanation offered.

The court further observed that cash allegedly seized from 2 accused was irrelevant since no money was actually robbed. Firearms recovery evidence weakened after 1 accused absconded, and the prosecution failed to produce a ballistic report linking the weapons to the incident.

With the charges of attempt to murder, dacoity, and conspiracy not proved, the MCOCA charges also collapsed. The court ruled that prior criminal records alone were insufficient to secure conviction.

A tenth accused remains absconding, and proceedings against him will continue upon arrest.