The police had invoked the stringent Maharashtra Control of Organised Crime Act (MCOCA), Arms Act and Indian Penal Code in the case that was registered on April 19, 2017.

As per the FIR, the accused were part of the Ravi Pujari gang and were apprehended from a lodge based on mobile phone call intercepts with equipment like gas cutters, swords and choppers.

In his order of May 29, the details of which were made available on Sunday, Special Judge (MCOCA) Amit M Shete acquitted Mohammad Jamil Akhtar Ali (42), Senaul Kudus Shaikh (38), Tapan @ Tappu Bhagwan Mandal (47), Rajkumar Babulal Sharma (51) and Babulal @ Babu Badshaha Mujawar (39).

In its order, the court said there were significant gaps in the prosecution’s evidence, including failure to bring on record the details pertaining to those cellphones which were under surveillance and intercepted.

“That apart, the conversation so recorded and its transcription in no manner suggests the apprehended accused were in fact hatching conspiracy or planning to commit the crime of robbery,” the court said, adding there were also deficiencies in the documentation of voice samples and confessional statements.

The prosecution has failed to establish the charges, while the investigation agencies have equally failed to collect clinching and corroborating material so as to hold the accused guilty of at least alleged crime, the court observed.

Hence, the accused are entitled to benefit of doubt, the court order said.

Six other accused in the case had their trials separated after absconding. The benefit of acquittal is also extended to the absconding accused, the court said. PTI COR BNM