Fifteen years on, four men acquitted of attempt to dacoity charge on benefit of doubt
Fifteen years on, four men acquitted of attempt to dacoity charge on benefit of doubt
Palghar, Fifteen years after police booked four men on the dacoity attempt charge, the sessions court in Palghar district has acquitted them on the benefit of doubt, noting the prosecution has failed to establish the accused's intent to commit the crime.
"Surprisingly, the raiding party nabbed the accused persons when there was no attempt at robbery. The pre-trap ruined the case throughout," Additional Sessions Judge H.A.S. Mulla stated in the July 1 order.
The court also highlighted the absence of neutral witnesses and the lack of collaboration by any independent witnesses, questioning the police's version of the raid at a crowded place.
"The raid was at a crowded place and the accused persons were nabbed from there, still, there is no independent business [witness]. The muddemal property is not before the court. There is no corroboration of the fact by ocular evidence of independent witnesses," the judge stated in the order, which was made available on Monday.
During patrolling, local crime branch personnel of Manikpur police station had received an input that a gang was planning dacoity at a house in Gauripada area on July 14, 2010.
Police detained four persons who were carrying a nylon rope, chilli powder, and knives and registered a case against them under Indian Penal Code sections for making preparations to commit dacoity and assembling for the purpose of committing dacoity.
The court observed that the witnesses examined by the prosecution are police personnel who were members of the patrolling party. "If so, one will definitely call them the interested persons to succeed the FIR lodged by the police personnel", it stated.
The court found several shortcomings in the prosecution's case.
"There is no explanation from the investigating machinery on the reason for investigating the matter by the raiding party leader. Obviously, this creates doubt," the judge remarked.
The court also found the prosecution's narrative insufficient in establishing the intent.
"It is but natural that the presence of any person with any weapon at a particular place will not be enough together that there was preparation for dacoity. Surprisingly, the raiding party nabbed the accused persons when there was no attempt at robbery. The pre-trap ruined the case throughout," the judge said.
The court noted that had there been some overt movements indicating preparation for robbery followed by a timely trap, the prosecution might have succeeded.
The judge acquitted Mohammad Umar Shahmohammad Shah , Ashpak Alimahamad Khan , Karemhussein Noorali Shaikh , and Irfan Ijharhussein Saiyyad . Another accused had already been acquitted in June 2012 on identical grounds.
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