City court acquits two men in MCOCA case

‘Prosecution failed to prove them guilty’

February 19, 2019 01:41 am | Updated 01:41 am IST - New Delhi

A Delhi court has acquitted two persons slapped with charges under the Maharashtra Control of Organised Crime Act (MCOCA), saying that the prosecution failed to prove that they were working for a crime syndicate.

‘Pecuniary gains’

“As per the chargesheet, during investigation it was found that accused Vishal Sharma and Varun were running an organised crime for pecuniary gains. Vishal was involved in 46 criminal cases while Varun in 13 cases. The chargesheet does not make a whisper about any other member of the organised crime syndicate,” said Additional Sessions Judge Sukhvinder Kaur.

“The prerequisite of continuing unlawful activity as defined under Section 2 (d) of the Act is that chargesheet has been filed in more than one case. Since only one chargesheet for an organised crime has been filed, the provisions under MCOCA are not attracted. Further, the prosecution could not establish that the accused persons formed an organised crime syndicate. To constitute an organised crime syndicate, there must be two or more persons who either act singly or collectively as a syndicate or gang and indulge in activity of organised crime,” the Judge said.

Allowing arguments by Ravi Drall, counsel for the accused, the Judge said: “Accordingly, benefit of doubt is given to both the accused persons for offences punishable under Sections 392 [robbery], 411 [dishonestly receiving stolen property knowing to be stolen] and 34 of the IPC and under the MCOCA. Hence, both the accused persons are acquitted of the charges.”

Nabbed for robbery

Prashant Vihar police in north Delhi had arrested the two accused persons in a case of allegedly robbing a man of ₹ six lakh when he was on way to his home after withdrawing the money from a bank in 2010.

The police had recovered ₹ two lakh from one of the accused.

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