Court discharges 9 'untraceable' accused in 30-year-old dacoity case, says evidence 'insufficient'

Thane: Three decades after an FIR was registered against nine persons for allegedly committing a dacoity at a school in Maharashtra's Thane, a district court discharged all of them saying they were yet to be traced and that the evidence on record was "insufficient" to establish their offence.

District and Additional Sessions Judge in Kalyan P R Ashturkar passed the order on July 23.

The prosecution said that in the wee hours of June 21, 1995, three to four masked persons entered the Carmel English School in Ambarnath. After assaulting and tying up the school watchman, they broke into the school.

Thereafter, they threatened the sisters (nuns) and demanded keys and money. They later decamped with Rs 13,000 cash. In the morning, a school driver found that the watchman was injured and sisters were locked up in a room.

The FIR was then registered against nine persons - Jalandarsingh Bhaaratsingh Dudhani, Kabjasingh Gurucharansingh Dudhani, Sanjusingh Bhagatsingh Sikalkar, Gabbarsingh Taak, Angarsingh Taak, Gagasingh Taak, Takkusingh Ajitsingh Kalyani, Pistulsingh Ishwarsingh Kalyani and Janjirsingh Mansingh Taak.

They were charged under sections 395 (dacoity) and 342 (wrongful confinement) of the Indian Penal Code (IPC).

In its order, the court said, "I have gone through the record. The entire record is in a torn condition. It further reveals that since the committal of the case to this court, the accused remained absent and despite issuance of standing NBW (non-bailable warrant), they could not be traced out."

Considering the directions of the high court to dispose of the old matters, this court also tried to secure the presence of accused persons, but in vain. Even the charge against the accused could not be framed. The prosecution also could not secure the presence of any witness and therefore, closing pursis came to be filed on July 16, 2025, it said.

"...Even if the matter would be kept lingering for further period, there are least chances of securing the presence of any prosecution witness. No witnesses are traceable. The evidence on record is of no use. I, therefore, hold that prosecution has failed to prove the charge levelled against the accused, that too beyond reasonable doubt," it said.

"Similarly, the accused are missing...Their whereabouts are not at all known to anyone. There is not even any remote chance that they could be found in the near future. No purpose would be served by keeping the matter lingering, expecting the presence of the accused. It would be a futile exercise without any outcome. Hence, accused are entitled for discharge," the court said.