Badlapur sexual assault case: Five cops behind custodial death of accused

The magistrate inquiry report regarding the alleged ldquofakerdquo encounter of the accused in the Badlapur school sexual assault case has been submitted before the Bombay High Court The report concludes that the ldquoforcerdquo used by five policemen during their altercation with the deceased was ldquounwarrantedrdquo and holds the officers ldquoresponsiblerdquo for his death It further reveals that the fingerprints of the deceased were not found on the gun that police claimed he had used to fireAccording to the report the claim by the policemen that they acted in selfdefence is ldquounjustifiedrdquo and ldquoraises questionsrdquo The officials involved included senior police inspector Sanjay Shinde of the Thane Crime Branch Assistant Police Inspector Nilesh More Head Constables Abhijeet More and Harish Tawade and a police driverA forensic team examines the police van on September 24 2024 in which Akshay Shinde was killed File picThe bench of Justice Revati MohiteDere and Justice Dr Neela Gokhale read the findings in open court Justice MohiteDere observed ldquoBased on the collected material and the FSL report the allegations made by the deceasedrsquos parents are valid and these five policemen are responsible for his death The court emphasised that the state is bound to register an FIR in this matterMagistrate orderThe magistrates report states that the selfdefence theory presented by the five policemen is under a shadow of suspicion ldquoIt is necessary to consider whether the use of force was justified The vehicle was in motion and the alleged incident happened in a moving vehicle The four policemen were in a position where they could have easily handled the situation I have already mentioned that there were no fingerprints on the pistol of the deceased Moreover no gunshot residues were found on the handwash handcuffs or clothes of the deceased Under such circumstances it is clear that the use of force was not justified and the contention raised by the policemen regarding the right of private defence comes under suspicionrdquoldquoThe allegations made by the parents of the deceased hold substance if the FSL reports are considered These five policemen were present at the time of the encounter Several grounds as narrated above raise suspicion about the alleged encounter Therefore these five policemen are responsible for the deathrdquo the report readsThe magistratersquos report suggests using dash cameras to avoid such incidents in the future ldquoIn the future to prevent such incidents in my view there should be video recording with the help of a dash camera whenever any person is taken from one place to another in custody The responsibility of ensuring the recording has started should rest with the driver of the vehicle He should check whether the recording has begun The responsibility of ensuring the camera is functional should also rest with the senior officer in charge of the vehicle on that day If the dash camera of the vehicle is not working the driver and officer should immediately inform their superior officer and request the arrangement of another vehiclerdquo the magistrate concluded the report with these suggestionsShindersquos lawyer speaksAdvocate Amit Katarnavare representing Akshay Shindersquos family said ldquoWe have maintained from day one that this was a coldblooded murder Now the police must immediately register a case of murder against the officers involved in Akshay Shindersquos killing in a fake encounterrdquoCiting the magistrate inquiry report Katarnavare pointed out discrepancies in the policersquos claims ldquoThe police alleged that Akshay Shinde fired at them after snatching a pistol but the forensic report confirms otherwise The pistol does not bear his fingerprints and there is no gunshot residue on his hands Additionally the handcuffs used on him by the police also lack any gunshot residuerdquo he statedKatarnavare further highlighted inconsistencies in the injury claims made by the police ldquoAPI More who claimed that Shinde shot him in the leg does not have any gunshot residue on his jeans These findings completely discredit the policersquos version of eventsrdquo he addedHe also pointed out another discrepancy in the policersquos claims stating ldquoThe water bottle that the police claim Akshay Shinde used to drink water after they allegedly removed his handcuffs does not bear his fingerprints This further raises questions about the credibility of the policersquos version of eventsrdquoCase backgroundAkshay Shinde 24 was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur He was an attendant at the school On September 23 2024 Shinde was killed in an alleged police shootout near the Mumbra bypass while being taken from the Taloja prison for questioning