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Bombay high court's strong words on Badlapur sexual assault case accused's death: 'Difficult to accept police version'
Badlapur sexual assault case: Bombay high court said it is very difficult to accept the police version, saying this “cannot be termed as an encounter”.
Badlapur sexual assault case: The Bombay high court on Wednesday pulled up the Maharashtra Police over the custodial death of Badlapur sexual assault accused Akshay Shinde, saying there appeared to be foul play and an impartial probe was needed into the incident.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is not being done properly, then it would be constrained to pass appropriate orders.
The Bombay high court said the probe into the death of the Badlapur sexual assault case accused should be conducted in fair and impartial manner.
The high court also noted that the shoot-out of Akshay Shinde could have been avoided asking why the police did not try to overpower him first.
“Why was the accused shot in head directly and not in legs or arms first,” the Bombay high court questioned.
“The moment he pulled the first trigger the others could have easily overpowered him. He wasn't a huge built up or strong man. This is very difficult to accept. This cannot be termed as an encounter,” Justice Prithviraj Chavan said.
Akshay Shinde's father Anna Shinde has in a petition to Bombay high court on Tuesday through lawyer Amit Katranvare alleged that his son was killed in a fake encounter and demanded a Special Investigation Team (SIT) to investigate the case.
During the hearing, the high court told the public prosecutor that a revolver can't be unlocked quickly by a physically weak man. “It is not very easy,” it said.
The public prosecutor told the court that the officer's pistol was unlocked.
To that, Justice Chavan said, “It is difficult to believe this. Prima facie there seem to be issues. A common man can't fire a pistol because it needs strength. a revolver can't be unlocked quickly by a physically weak man. It is not very easy.”
The bench posted the matter for further hearing on October 3, by when the police would have to take a decision on the complaint submitted by Akshay Shinde's father, seeking an FIR against the police officers concerned.
The Bombay high court also directed for all case papers to be immediately handed over to the Maharashtra Crime Investigation Department (CID), which would be conducting a probe into Shinde's death.
“Why are the files not handed over to the CID yet? Preservation of evidence is vital. Any delay on your part would raise doubts and speculations,” the court said.
The court said while it was not raising any suspicion at this stage, it was very hard to believe that Akshay Shinde managed to seize a pistol from a police officer and open fire.
The encounter of Akshay Shinde by Thane Police on September 23 has sparked a controversy between the ruling Mahayuti government and the Opposition in Maharashtra who are headed for the assembly elections later this year.
The 24-year-old accused was arrested on August 17, five days after he allegedly sexually abused two four-year-old girls at a school toilet.
The former school janitor was being brought from Taloja Central Jail to Thane Crime branch office under transit remand when he opened fire on the police with their revolver near the Mumbra bypass. The central unit of the Thane Crime branch had taken custody of the accused in a case that was filed against him by his ex-wife.
