Thane court acquits five persons in 2016 robbery, murder case

Thane, May 18 (PTI) A court in Maharashtra’s Thane district acquitted five persons, among them a woman, in a 2016 murder and robbery case, citing that the prosecution had failed to produce evidence to prove the charges against them.

Special judge Amit M Shete on Thursday gave the benefit of the doubt to Nasir Sagir Shah (32), Rizwan Riyasad Sayyad (47), Javed alias Mamu Habib Shaikh (35), Asma Kureshi (33) and Abdul Rahim Abdul Rahiman Bihari (33).

Another accused, Mosin Rafik Shaikh, died during the pendency of the trial.

Special public prosecutor Sanjay More informed the court that the accused had accosted the victim, Sabbar Khan, in the Mumbra area on the intervening night of July 18, 19, 2016, robbed him of his valuables and fatally stabbed him.

The victim later succumbed to his injuries at a hospital, he said.

The accused were booked on the charges of murder, dacoity, dacoity with murder, voluntarily causing hurt while committing robbery and criminal conspiracy under the Indian Penal Code and relevant provisions of the Maharashtra Control of Organised Crime Act (MCOCA).

The judge, in his order, noted that the prosecution’s story was based on circumstantial evidence, and the chain of circumstances, i.e., the active participation of the accused persons was missing.

The investigation officer had failed to bring on record the material to prove the charges against the accused, he said.

Thus, for want of clinching, corroborative, and strong material evidence, the accused deserves the benefit of the doubt, the order stated.