In a landmark verdict, a Girgaum court sentenced five members of an organised mobile theft gang to one year of rigorous imprisonment and a fine of Rs5,000 each under the newly enacted Bharatiya Nyaya Sanhita (BNS). This is the first conviction under Section 112 of the updated penal code.
The case originated from an incident during Anant Chaturdashi 2024, when Mumbai witnessed huge crowds for Ganpati Visarjan. Taking advantage of the congestion, a gang of thieves stole numerous mobile phones from unsuspecting devotees. Following a complaint by Basir Sadek Shaikh on September 20, 2024, the VP Road Police registered a case under Section 303(2) of BNS.
Recognizing the organised nature of the crime, DCP (Zone 2) Dr. Mohit Kumar Garg formed a special team with officers from six police stations—VP Road, DB Marg, LT Marg, Gamdevi, Malabar Hill, among others. Based on technical surveillance and intelligence inputs, the police arrested five suspects:
Sanjay Raman Kharwa
Sanjay Suresh Kharwa
Sumesh Lohakare
Laltu Dey
Akash Mehra
The gang members were arrested from Mumbai and other parts of Maharashtra. The investigation led to the recovery of 42 stolen mobile phones and a motorcycle. It was also found that the accused had a criminal history of similar thefts.
The court admitted digital evidence, including seized property records and electronic panchnamas, under the new BNS provisions. Police credited the successful conviction to the e-evidence system and enhanced witness protection mechanisms introduced by the new law.
The investigation was conducted under the leadership of Additional CP Dr. Abhinav Deshmukh, DCP Dr. Mohit Kumar Garg, ACP Dnyaneshwar Wagh, and Senior PI Jagdish Kulkarni. The core investigation team also included PI Sambhaji Gurav, PSI Shyamrao Watsar, and technical analyst Munna Singh.
This case sets a precedent in using the Bharatiya Nyaya Sanhita effectively against organised crime.
