A sessions court recently allowed the release of three youths convicted for attempting to commit an armed dacoity at Kalbadevi last year, without a sentence. The maximum sentence the trio could have faced is 10 years.While observing that leniency could be granted in this case, the court said, “Instead of sentencing them to imprisonment, they can be granted an opportunity for improvement and reformation by extending benefits of the Probation of Offenders Act.”
The court further observed that the offences proved against the accused—Naibul Shaikh (22), Borakhali Shaikh (35) and Hafijul Shaikh (19)—were punishable for imprisonment for up to 10 years and not by life imprisonment or death and hence provisions of the Act could be extended to them. The court considered the young age of the accused, the fact that they had migrated from Jharkand to earn a livelihood and the fact that the offence had not culminated to grant them leniency.
The trio was arrested on November 7 last year after cops received a tipoff that they, along with a few others, were intending to commit dacoity at jewellery shops and would be gathering at Kalbadevi Road. The cops accordingly lay a trap. The prosecution alleged that the informant identified two persons from the gang and informed cops. A cop moved in closer and overheard one of the five suspects instructing the others on the manner in which the plan was to be executed. The cops even heard the suspects agreeing that if anyone obstructed them, they would be assaulted by choppers and immobilized with chilli powder. The cop then signalled to his fellow police personnel who then began to close in on the accused. While three were caught, two others managed to escape. The prosecution added that after a search was conducted on the accused, choppers, nylon rope, chilly powder and adhesive tape was found.
While finding the accused guilty, the court relied on testimony of several witnesses, including the informant and the cop who overheard their conversation. It said the prosecution brought on record evidence such as witnesses and documents like FIR, personal search and seizure panchanama, station diary entry and the prohibitory order, which had forbidden people from carrying such weapons in Mumbai, which proved the case beyond reasonable doubt