Sessions Court Acquits 17 Habitual Robbers Due to Lack of Evidence in Jewelery Store Robbery Case

Mumbai: The special Maharashtra Control of Organized Crime Act (MCOCA) bench of the Thane Sessions Court acquitted a gang of 17 habitual robbers who were known for committing organized robbery. They were arrested by Thane Police for allegedly looting a jewelery store near Khadri, Thane, in 2007.

The defendants were acquitted due to the police’s failure to obtain appropriate evidence, including the hockey stick allegedly used during the robbery. The police also failed to hand over the allegedly looted jewelery worth ₹12,49,000.

Although the records stated that the defendants had a 10-gram gold chain and a 5-gram gold item in their possession, the police stated that they could not establish a connection between the seized jewelry and the crime.

The court, presided over by Special Judge Amit M. Shete, stated the following in its verdict:

“In the present case, while the police seized gold jewellery, these were returned to their original owners. However, the investigating agency could not prove that rescue was made in the case of any of the accused involved in this crime. Therefore, there is no confirmation in the form of recovery as shown and proven by the prosecution. The so-called recovery was allegedly made on the example of the prime accused Sherya, who is now deceased. Additionally, the police requested the recovery of ornaments from another defendant, a child who had run afoul of the law. Therefore, recovery from it does not prove the prosecution’s case against the accused.”

The court also noted significant gaps in the investigation and concluded that the prosecution failed to prove the charges beyond reasonable doubt.

“Therefore, in accordance with Criminal Jurisprudence, defendants have the right to the benefit of doubt. It is clearly established in the law that in the event of an acquittal decision, this right can also be enjoyed by defendants who have escaped. The evidence presented is not sufficient to convict any of the defendants, whether they are present in court or are absconding. “The benefit of doubt in ending the trial and taking into account the principles of law also applies to the escaped defendant,” he said.

The accused Sherya, alias Sharad Dayandev, alias Lenya Bhosle and 20 others were arrested by Thane Police in 2007 for allegedly looting a jewelery store in Thane’s Khadri village.

According to witnesses, on April 24, 2007, the defendant gathered in front of the victim’s store and allegedly threw rocks at the store before walking towards the store with hockey sticks. They reportedly attacked the store guard and looted the store. The arrests were made based on images recorded on the store’s security cameras.