Mum: Burglar brothers charged under MCOCA

New Delhi: A man and his brother, allegedly involved in over two dozen criminal cases of burglary, thefts robbery and snatching etc since 1996, have been charged with stringent provisions of Maharashtra Control of Organised Crime Act by a Delhi court.

Additional Sessions Judge Savita Rao charged Mohd Shadab, facing prosecution in over 24 criminal cases and his brother Mohd Wasi, allegedly involved in at least 29 such cases, under MCOCA for committing burglary, robbery, thefts and preparing for dacoity with a well-organised gang of accomplices.

"Accused have been found to be involved in more than 24 and 29 cases (respectively) which itself suggest that ordinary law of land had not been able to put a curb on their activities.

"The offences pertaining to robbery coupled with violence and threat of violence along with their conduct with respect to their involvement in continuing unlawful activities are sufficient to prima facie opine against them with respect to framing of charge (under MCOCA)," ASJ Rao said.

As per the prosecution case, Shadab and Wasi had robbed some people of Rs 20.75 lakh in 2008, while also injuring them.

The police had alleged Shadab is a "high profile" burglar with a well-organised gang of accomplices, primarily his brother Wasi, with whose help he committed burglary, robbery and thefts by using violence and that both have "spread fear psychosis and terror" among people.

The court said the use of violence by the duo was apparent from the cases pending against them in various city courts.

The court rejected the contention of the accused that they cannot be charged under MCOCA since the essential element of pecuniary advantage is missing.

"The pecuniary gain is inherent and is the reason for commission of the offences pertaining to robbery, theft and even burglary," the ASJ said.