Great success by 𝐑𝐀𝐕𝐈 𝐃𝐑𝐀𝐋𝐋 & 𝐀𝐒𝐒𝐎𝐂𝐈𝐀𝐓𝐄𝐒. News of acquittal of Advocate 𝐑𝐚𝐯𝐢 𝐃𝐫𝐚𝐥𝐥’s clients under MCOCA Act featured in today’s newspaper.
(MCOCA Act) ‘Prosecution failed to prove them guilty’
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.
“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.
Delhi Police failed to bring any evidence in limelight which could have been used by prosecution to prove that there was any crime syndicate. No economical gain could be construed by investigating agency in form of any assets or illegal property in name of accused or their family members.
Aim of enactment of MCOCA in Maharashtra was to curb the activities of gangs and their indirect operations from foreign countries e.g. Dubai.
Later on in year 2002 stringent provisions of MCOCA were enacted to curb the Gangsters activities in Delhi also.
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