Mumbai: Even as the police were eager to bring chain snatching under the ambit of the stringent Maharashtra Control of Organised Crime Act (MCOCA), with the prosecution’s failure to provide documentary evidence linking the accused to a criminal syndicate, it has not stuck in all cases. While a special court this week convicted and sentenced 46-year-old Ajiz Sayyed, alias Irani, to seven years rigorous imprisonment for a 2018 Parel chain-snatching case, it has struck down the state’s attempt to label him as an organized criminal.Special judge NR Pradhan ruled that while the robbery was proven through the “trustworthy, cogent and reliable” testimony of eye-witnesses who caught the accused red-handed, court found major procedural and evidentiary gaps in the claims of him being involved with a gang. The judge noted that the Sanctioning Authority, then police commissioner Subodh Jaiswal, admitted in cross-examination that the exact quantum of financial gain was not mentioned. “There is absolutely no evidence on record to show that accused…was member of organised crime, and by doing organised crime, he earned pecuniary gain,” special judge NR Pradhan ruled, leading to Sayyed’s acquittal from all charges under MCOCA. Special public prosecutor Vijay Malankar cited the evidence of 30 witnesses to seek the accused conviction. The incident occurred on Dec 4, 2018, near KEM Hospital. The victim, was walking with her mother when Sayyed and an accomplice, Mohammed Sayyed, alias Andu, approached on a black motorcycle. The pillion rider snatched Sakpal’s mangalsutra, valued at Rs 1.60 lakh, and the duo attempted to speed away but their escape was thwarted when their motorcycle slipped during a sharp U-turn, allowing a pursuing witness, Prathamesh Sarang, and local residents to apprehend them. Andu subsequently absconded and is yet to be caught. The judge noted the significance of the immediate capture and noted that the stolen jewelry was recovered directly from Sayyed’s person during a search at the Bhoiwada police station later that evening.The legal battle centered largely on the invocation of MCOCA. The prosecution argued that the duo operated as an organized crime syndicate led by Andu. Investigating officers claimed Sayyed had at least four previous cases against him. However, the judge pointed out that prior approval order and the final sanction order failed to specify the crimes allegedly committed by Sayyed. While Sayyed was sentenced to seven years and a Rs 10,000 fine for robbery, he was granted a set-off for the time already spent in custody. The trial against “gang leader”, Andu, has been separated as he remains untraceable.
