Thane court convicts three in 2017 theft case, acquits them of MCOCA charges

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A special court in Thane district convicted three persons in a 2017 theft case while acquitting them of charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA), reported news agency PTI.

Special Judge (MCOCA) V. G. Mohite sentenced Rahul Machhindra Shinde (44) and Datta Umrao Shinde (35) to five years of rigorous imprisonment after finding them guilty of charges under section 380 (theft in a dwelling house) of the Indian Penal Code (IPC), reported PTI.

The other accused, Amit alias Pravin Premchand Bagrecha (44), was convicted under section 411 (dishonestly receiving stolen property) of the IPC, and sentenced to 25 days of rigorous imprisonment.

A copy of the order dated July 18 was made available on Tuesday.

The court acquitted the three accused of charges under the MCOCA. Rahul and Datta Shinde were also acquitted of charges under Sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of the IPC, reported PTI.

Judge Mohite observed that the prosecution failed to prove the mandatory requirement of "use of violence or threat of violence or intimidation or coercion" essential for an offence to qualify as "organised crime" under Section 2(1)(e) of the MCOCA, reported PTI.

According to the prosecution, on March 3, 2017, a police team were on night patrolling duty when they received a call about thieves in the Chandresh Park area in Dombivli town. Police chased five men, apprehending Datta Shinde, who was found with a stolen TV and a weapon. The remaining four managed to escape, reported PTI.

The police later apprehended the other two accused and recovered the stolen golden ornaments.

While the accused were initially charged with dacoity and dacoity with attempt to cause grievous hurt, the court found that the ingredients for these offences were not met, reported PTI.

The judge observed, "None of the accused voluntarily caused or attempted to cause hurt or wrongful restraint or fear of instant death or instant hurt to anybody while committing said theft in the house."

Earlier, a court in Thane district has convicted a 52-year-old man for sexually assaulting a girl in 2018, while acquitting him on the charge of rape citing lack of evidence, reported news agency PTI.

(With inputs from PTI)