11 June 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law  

Two accused in a Mumbai assault case have failed to convince a higher court to remove charges against them under the Maharashtra Control of Organised Crime Act (MCOCA). The appellants argued they were not part of the organized crime syndicate allegedly involved in the attack.

The case involves an assault on a man and his family by a group allegedly led by Shravan Chavan. The prosecution claims Chavan leads an organized crime syndicate and that the assault stemmed from a business rivalry between Chavan and the victim's father. The attackers are accused of assaulting the family with fists, kicks, and a knife, with the intent to kill (Section 307 of the Indian Penal Code).

The appellants challenged the application of MCOCA to their case, arguing they were not actively involved and that there was no evidence linking them to the syndicate. They further argued the lack of serious injuries (medical report) contradicted the attempted murder charge.

The state, however, argued there was sufficient evidence to show the appellants' involvement alongside the syndicate leader. The prosecution highlighted the motive of financial gain and the syndicate's nature of committing crimes for such purposes.

The court, after reviewing the evidence, sided with the prosecution. The decision underlines that while multiple charge sheets against individual members aren't required, the existence of a syndicate with a history of criminal activity is necessary for applying MCOCA. The court also clarified that the truthfulness of the allegations will be determined during the trial.

This case highlights the power of MCOCA in targeting organized crime in Maharashtra. The Act allows for stricter punishments and faster trials for offenses committed by syndicates. However, the definition of "organized crime syndicate" and the application of MCOCA remain subject to legal debate.

  Maharashtra Control of Organised Crime Act, 1999