In a major setback to the crime branch, the special Maharashtra Control of Organized Crime Act (MCOCA) court on Friday acquitted alleged oil and diesel mafioso Mohammed Ali Abu Bakar Shaikh of charges of involvement in the Sayyad Chand Madar murder case. The court also acquitted other six accused arrested with Mohammed Ali, on grounds that the prosecution failed to prove the charges which were levelled against the accused. Meanwhile the court convicted two other accused who were found in possession of weapons, because they had already undergone the sentence at the trial stage.
In a major setback to the crime branch, the special Maharashtra Control of Organized Crime Act (MCOCA) court on Friday acquitted alleged oil and diesel mafioso Mohammed Ali Abu Bakar Shaikh of charges of involvement in the Sayyad Chand Madar murder case. The court also acquitted other six accused arrested with Mohammed Ali, on grounds that the prosecution failed to prove the charges which were levelled against the accused. Meanwhile the court convicted two other accused who were found in possession of weapons, because they had already undergone the sentence at the trial stage.
What does Ali's defence lawyer say?
Advocate Taraq Sayyed, who was appearing on behalf of Mohammed Ali, said that the prosecution failed to prove that Ali was the one who wanted to get Chand eliminated. "The case saw many twists and turns as the prime witness in the case, who was the son of Chand, himself contradicted his statement which he had recorded before the police and court. In his complaint, the witness had said that he suspected that Ali was involved in his father's murder; but while deposing before the court, the witness claimed that his father and Ali never had any enmity," said advocate Sayyed..
Sayyed, while further explaining a major hole in the prosecution's case, said, "The second most important point on which the prosecution had relied, a confessional statement which was recorded by one of the accused, went contradictory to the police version, and the court might have considered these facts while passing its orders. However we are yet to go through the judgment copy and so we cannot firmly figure out the court's reasoning."
Was the govt able to raise enough evidence?
Meanwhile advocate Abdul Wahab Khan, who was appearing on behalf of one of the arrested accused, claimed that the prosecution, at the time of filing chargesheet against all the accused in the case, had claimed that they had enough evidence against the accused. But they failed to bring the evidence on record during the evidence stage, and had failed to prove their charges. Thus due to the lack of evidence, the accused were released on benefit of doubt.
What is the background of the case?
The crime branch had arrested Mujib Abdul Shaikh, Shahid Shah, Mohammed Sagir Ahmed Ansari, Samad Deshmukh, Abdul Raheman Shah, Shahnawaj Shaikh, Mohammed Ali Shaikh, Akhtar Allahrakha Shaikh and Abdul Rashid Shaikh for allegedly hatching a conspiracy and murdering Chand in 2010. Of the arrested accused, only Mohammed Ali was on bail on medical grounds from October 2013- November 2014, but after 2014, even Mohammed Ali was behind bars. However apart from Mohammed Ali, no one had approached the court seeking bail.
The court convicted Shahid Shah and Samad Deshmukh for illegally possessing arms, however since they had already undergone the sentencing during the trail stage, they were let off.
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