A copy of the order dated April 16 was made available on Monday.
The court has acquitted Mukesh Mohan Chaudhari @ Raju Rathod (43), Surendra Aslaramji Chaudhari (30), Champalal Chogaram Verma (35), Ratanlal Nagaram Dangi (38), Suresh Hariram Chaudhari (35), and Tejas Champalal Unecha (43), all residents of Pune district.
According to the prosecution, the robbery took place on the night of July 29, 2017, at a godown and cigarette distribution centre in the APMC Market area of Navi Mumbai. A police complaint was lodged, and the accused were arrested and charged based on recovered cigarette cartons and fingerprint evidence.
A case was registered under sections 457 (house-breaking by night), 380 (theft), 120(B) (criminal conspiracy), 411 (dishonestly receiving stolen property), and 34 (common intention) of the IPC, and relevant provisions of the MCOCA.
Special MCOCA judge Amit M Shete noted several critical lapses in the investigation.
He noted that the trial was based on circumstantial evidence, and the prosecution and witnesses failed to establish each chain of circumstances.
Though the prosecution had invoked the MCOCA citing past criminal cases against the accused, the court clarified that since the accused are given the benefit of the doubt for the offence punishable under the IPC, they are required to be acquitted for the offence punishable under the MCOCA. PTI COR ARU
