In a significant verdict, the Thane Special Court under the Maharashtra Control of Organised Crime Act (MCOCA) acquitted notorious gangster Suresh Pujari and four associates in a 2017 extortion and attempted murder case. The court highlighted the prosecution’s failure to prove basic charges under the Indian Penal Code (IPC), rendering the stringent MCOCA charges irrelevant.
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Why Did the Court Acquit the Accused?
The court observed that without establishing the foundational IPC offenses, applying MCOCA became a “futile exercise.” Special Judge A.S. Bhaisare noted in the judgment:
“The prosecution may have rightly invoked MCOCA, but witnesses failed to prove the basic IPC offense. Discussion of MCOCA is pointless here. While the accused have a criminal history, the lack of evidence for the core crime mandates acquittal on benefit of doubt.”
This decision underscores the legal principle that specialized laws like MCOCA cannot substitute weak evidence for primary offenses.
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Background
The case dates to May 7, 2017, when a masked man entered Hotel Galaxy in Nallasopara, Thane, and asked for the owner. When the manager intervened, the assailant fired a shot, injuring him, and fled on a motorcycle. A chit bearing Suresh Pujari’s name was found at the scene.
Police registered charges under IPC Sections 307 (attempted murder), 387 (extortion), and relevant provisions of the Arms Act, Bombay Police Act, and MCOCA.
Key flaws in the prosecution’s case included:
Voice Sample Issues: The prosecution relied on voice recordings allegedly linking Pujari to the crime. However, they failed to provide a Section 65B Evidence Act certificate, which is mandatory to authenticate electronic evidence.
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Tampering Risks: The court noted the possibility of evidence tampering, further weakening credibility.
No Direct Proof: Witnesses couldn’t conclusively tie the accused to the attack or extortion demands.
Who Is Suresh Pujari?
Suresh Pujari, once linked to gangster Ravi Pujari, faces over 50 extortion FIRs across Mumbai, Thane, and Navi Mumbai. After years on the run, he was deported from the Philippines to India in 2021. Despite his notorious past, the court emphasized that prior criminal history alone couldn’t justify conviction without concrete evidence in this case.
