vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3578 OF 2006 CRIMINAL APPLICATION NO.3578 OF 2006 CRIMINAL APPLICATION NO.3578 OF 2006 The State of Maharashtra ... Petitioner V/s. Sunil Bajarang Gaikwad ... Respondent Mrs.A.T. Zaveri, APP, for Petitioner None for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MARCH 25, 2008 MARCH 25, 2008 MARCH 25, 2008 P.C.: P.C.: P.C.: . The State has challenged the order of the Special Judge under the Maharashtra Control of Organised Crime Act dated 23.6.2006 on 3 grounds namely, (i) that the trial Court has erroneously held that the sanction was not accorded for prosecuting the accused under the MCOC Act; (ii) that the documents prove that the offences for which the accused was charged have been committed by him; and (iii) that there was sufficient evidence to indicate that the accused was part of an organised crime syndicate. In my view, having perused the judgment in appeal, I find that assuming the sanction had been accorded properly for prosecuting the accused, there is no evidence at all against him and therefore the trial Court has rightly acquitted the accused. The learned trial Judge has rejected the evidence of the prosecution and held that the : 2 : prosecution had failed to prove the offences of robbery and of voluntarily causing hurt while committing robbery. The identity of the accused is also not established beyond doubt. Application rejected.