A court in Maharashtra`s Thane has acquitted three men accused of conspiring to cause harm using explosives hidden in a vehicle in 2017, citing lack of eyewitnesses and prosecution`s failure to establish a definitive link between the trio and the seized material.
Additional Sessions Judge A S Bhagwat passed the order on January 29, which was made available on Wednesday. The case dates back to August 6, 2017, when the police conducted a raid at Gousiya Compound in Mumbra locality in Thane. Authorities found a bag of explosive powder and nine detonators hidden inside an out-of-use sports utility vehicle (SUV).
The prosecution alleged that the accused – Mahinsa Rajesab Ganur alias Mahesh (57), Shahalam Mehmud Sheikh (49) and Arif Nawabali Khan (40) – had conspired to cause damage to life and property and specifically aimed to harm the landowner, Ismail Mohammed Sheikh. They were charged under sections 286 (negligent conduct with respect to explosive substance) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC), along with sections 4 and 5 of the Explosive Substances Act. After spending over two years in custody, they were released on bail in late 2019.
The court highlighted significant gaps in the prosecution`s evidence, and noted that it failed to provide any eyewitnesses to the alleged crime. “From the above testimony, it is established that there are no eyewitnesses to the incident. Also, no witness has testified regarding the seizure of explosives from the possession of the accused,” it said.
It concluded that the prosecution failed to prove the charges beyond a reasonable doubt, granting the accused the benefit of the doubt. “In the above circumstances, there is no solid evidence against the accused.The prosecution has failed to prove that the accused committed crimes.Therefore, the accused are entitled to be acquitted,” the court said.
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