Additional Special Judge (MCOCA) V G Mohite, in the order passed on Wednesday, acquitted Sunil alias Sonya Shankar Fulare and Abdulla Sanjay Irani of charges under sections 392 (robbery) and 34 (common intention) of the Indian Penal Code, and the Maharashtra Control of Organised Crime Act.
Special Public Prosecutor Sanjay More told the court that two motorcycle-borne persons pushed Sunita Kerba Patil (70) while she was on a morning walk in the Dombivli area on August 21, 2022, and snatched her gold chains before fleeing.
Defence advocate Puneet Mahimkar strongly contested the case, challenging the lack of a Test Identification (TI) parade and pointing out that the alleged confessional statements were obtained through coercion.
The court observed that the prosecution failed to provide independent corroboration and that a retracted confession cannot stand alone without supporting evidence.
In this case, the investigation officers have not conducted a TI parade of both accused. The prosecution has not recorded evidence of any other person who is alleged to have seen the incident or the accused's involvement in the crime, it observed.
The court also took note of the lack of recovery of the stolen gold chains.
Addressing the invocation of MCOCA based on prior chargesheets, Judge Mohite maintained that procedural compliance alone does not replace solid evidentiary proof.
The mandatory requirement of the offence of organised crime as defined in the MCOCA Act has not been proved against the accused, he said.
The court ordered that both accused, who have been in custody since late 2022 and early 2023, be released forthwith from the case upon executing personal and surety bonds of Rs 25,000 each.
