A Thane district court acquitted two men accused in a 2002 robbery aboard the Chalukya Express, noting that the prosecution failed to examine even a single material witness in over two decades
Thane court passed an order citing lack of evidences against the acussed. Representational image
A court in Maharashtra's Thane district has acquitted two men in a 2002 train robbery case. The court, while passing the orders, noted that the prosecution had failed to examine even a single material witness over the past two decades.
In a judgement delivered on February 9, Additional Sessions Judge P R Ashturkar held that there was "absolutely nothing on record" to indicate the involvement of the accused, Shaikh Babu, alias Chhota Babu Shaikh Pyare, and Shaikh Ayub Shaikh Yusuf, reported PTI.
As per the prosecution, the accused persons allegedly robbed a woman passenger on board the Chalukya Express on July 24, 2002, near Kalyan.
Following the accusations, the court recorded that despite repeated attempts, no prosecution witness could be traced.
The court stated, "There is absolutely nothing on record which would even remotely indicate the involvement and active participation of the accused in the said matter," as per PTI.
Only one witness, a police constable tasked with serving summons, was examined, who deposed that the witnesses were untraceable. The district court acquitted both accused, saying keeping the matter lingering would be a futile exercise without any outcome.
Thane court acquits three men in 2017 explosives case
In a different scenario, a court in Maharashtra's Thane district had also acquitted three men accused of conspiring to cause harm using explosives hidden in a vehicle in 2017, citing a lack of eyewitnesses and the prosecution’s failure to establish a clear link between the accused and the seized material.
Additional Sessions Judge AS Bhagwat passed the order on January 29, but the order was made available on Wednesday. The case dates back to August 6, 2017, when the police conducted a raid at Gousiya Compound in the Mumbra locality in Thane. Authorities found a bag of explosive powder and nine detonators hidden inside an out-of-use sports utility vehicle (SUV).
The prosecution alleged that the accused – Mahinsa Rajesab Ganur, alias Mahesh (57), Shahalam Mehmud Sheikh (49) and Arif Nawabali Khan (40) – had conspired to cause damage to life and property and specifically aimed to harm the landowner, Ismail Mohammed Sheikh. They were charged under sections 286 (negligent conduct with respect to explosive substance) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC), along with sections 4 and 5 of the Explosive Substances Act. After spending over two years in custody, they were released on bail in late 2019.
(With inputs from PTI)
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