The Thane’s special Maharashtra Control of Organised Crime Act (MCOCA) court, has acquitted, a former associate of gangster Ravi Pujari, Suresh Pujari and four others who were charged under the stringent MCOCA in a case of an alleged attempt to murder and extortion from a hotelier in 2017, as the prosecution failed to prove basic offence punishable under the Indian Penal Code (IPC) against the accused.
The court also remarked that in the absence of the establishment of the basic IPC case, the discussion on application of MCOCA against the accused was a ‘Futile exercise’, thus acquitted the gangster and his accomplices on benefit of doubt.
The court in its judgment observed, “The prosecution may have probably and rightly invoked the offence under MCOC Act, however, the prosecution and witnesses failed to prove the basic offence punishable under Indian Penal Code and therefore, the discussion on the offence punishable under MCOC Act would be a futile exercise. The accused have previous history and therefore, it can only be said that the investigation agency was right enough in invoking the offence under MCOC Act, however, since the basic offence is failed, the accused are also entitled for benefit of doubt for the offence under MCOC Act. The prosecution and witnesses have not made out any offence much less the alleged offence against the accused and therefore, the accused deserves benefit of doubt.
Suresh Pujari who has more than 50 FIR’s of extortion against him with police stations across Mumbai, thane as well as Navi Mumbai, was deported to India from the Philippines in 2021 after being on the run for several years
The prosecution’s story dates back to May 7, 2017, when a masked person had entered Hotel Galaxy in Nallasopara area of and enquired about the establishment’s owner. The masked person, further had allegedly opened fire at the hotel’s manager, and fled on a motorcycle before leaving behind a chit bearing the name of gangster Suresh Pujari in his pocket.
The injured manager was rushed to a hospital and a case was subsequently registered under various IPC sections including 307 (attempt to murder), and provisions of the Arms Act, Bombay Police Act and the MCOCA.
The prosecution relied upon voice samples, but procedural lacunae such as the lack of section 65B certificate (under the Evidence Act which authenticates electronic records) and the possibility of tampering with recordings rendered the evidence unreliable, it said.
