Badlapur encounter: Bombay High Court says probe into death of sexual assault case accused should be fair, impartial

Why the accused was shot in the head, and not on hand or legs first? the court asked.

The Bombay High Court on Wednesday (September 25, 2024) said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shootout should be carried out in a fair and impartial manner.

The shootout could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire.

Why the accused was shot in the head, and not on hand or legs first? the court asked.

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 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 Shinde's father, Anna Shinde, seeking an FIR against the police officers concerned.

"The investigation has to be done fairly and impartially. If we find that this is not done, then we would be constrained to pass appropriate orders," the court said.

The HC 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.

Anna Shinde, in his plea filed through advocate Amit Katarnaware, alleged that his son was killed in a "fake encounter".

The petition sought for a SIT to be formed to probe the killing and for the high court to monitor the investigation.

Shinde, 24, was accused of sexually assaulting two minor girls at a school in Badlapur town of Maharashtra's Thane district.

He was being taken to Badlapur from Taloja jail in Navi Mumbai on Monday (September 23, 2024) evening in connection with an FIR registered against him on the complaint of his former wife when the firing incident took place, which resulted in his death, police earlier said.

Published - September 25, 2024 02:26 pm IST