Two convicted for house trespass outraging modesty acquitted of MCOCA charges

Thane, May 14 (PTI) A court here has convicted two men for house trespass and outraging modesty in a case where they, along with four others, were accused of barging into a house in Kalwa area here and assaulting a man in an extortion attempt.
In the verdict delivered on May 9, the court, however, acquitted the accused of extortion and charges under the Maharashtra Control of Organized Crime Act (MCOCA). The copy of the order became available on Tuesday.
Ganesh Rangnath Shinde alias Kala Ganya and Ankush Suryakant Gawand were sentenced to the period of imprisonment already undergone. Ganesh Shinde had been in custody for over six years, and Ankush Gawand for nearly one year and ten months.
Special judge (MCOCA) Amit M Shete also ordered them to pay a fine of Rs. 2,000 per offence each. Out of the fine amount, Rs 5,000 shall to be paid as compensation to the complainant's wife, the judge said.
As per Kalwa Police, Ganesh Shinde and his associates entered the complainant's house on September 9, 2016. The intruders demanded Rs 10,000 from him, assaulted him and outraged the modesty of his wife and her sisters.
The judge found Shinde and Ankush Gawand guilty under sections 354 (outraging modesty), 452 (house-trespass after preparation for hurt), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code while acquitting Sandeep alias Sanjay Gadekar, Ajit alias Tilya Maruti Sudke and Devidas alias Deva Rabaji Gadekar. Another accused died during the trial, so did the complainant.
The court relied on the testimonies of the women witnesses, but found no sufficient evidence to back the police's claim that Shinde and others were part of an "organised crime syndicate" as required for conviction under the stringent MCOCA.
The court also pointed out serious investigation lapses including the police's failure to secure CCTV footage from the crime scene.

(This story has not been edited by THE WEEK and is auto-generated from PTI)