Badlapur assault case: Bombay HC questions police on custodial death of accused, says hard to believe they could not overpower him

Akshay was killed by police in defense as he attacked the police while being taken away from Taloja jail on Sep 23 night. The police alleged that Akshay snatched a constable's revolver and fired at a police officer.

While hearing the petition filed by Badlapur sexual assault accused Akshay Shindey's father, the Bombay High Court said it is hard to believe the accused, who was not a "strong man," could not have been overpowered by the police officers escorting him.

Hearing the plea, a division bench consisting of Justices Revati Mohite Dere and Prithviraj Chavan ordered an investigation into the incident and the filing of a formal complaint against the negligent police officers.

Justice Chavan said, "So he (the assistant police inspector) cannot say that he doesn't know how to react. He (API) must have the knowledge of where to fire... The moment he pulled the first trigger, the other cops in the vehicle could have easily overpowered him. He (deceased) wasn't a huge built-up or strong man. This is very difficult to accept. This cannot be termed an encounter."

Chief Public Prosecutor Hiten Venegavkar, who was representing the state, said at the court that the state CID was also looking into the incident. "There are two FIRs: an Accidental Death Report (ADR) and an u/s 307. The CID is looking into both."

"Mr Venegavkar, this is hard to believe. Prima facie, this cannot be trusted. A layman cannot fire a pistol, unlike a revolver, which any Tom, Dick, and Harry can do. A weak man cannot load the pistol, as it needs strength. Have you ever used a pistol? I have used it 100 times, so I know this. Why be so negligent and casual when you are escorting a man who is accused of serious offenses? What is the SOP? Was he handcuffed?" said Justice Chavan.

According to Venegavkar, the accused was first handcuffed but was released when he requested water.

When the court inquired as to whether fingerprints from the firearm had been obtained, Venegavkar replied that the Forensic Science Laboratory (FSL) had taken the fingerprints.

Upon reviewing the postmortem, the bench observed that in addition to the injuries sustained during entry and exit, the victim had "multiple abrasions" on his body.

It was also reported that the "bullet was shot from point blank range" based on the postmortem report.

"You said the accused fired three bullets towards the police," the court inquired, probing the police's knowledge of self-defense tactics."

"How come the other two didn't get hit by the cop? Usually, when we defend ourselves, we aim for the legs. Where would one typically shoot to defend themselves? Possibly on the leg or the hand."

Venegavkar responded that the concerned officer "just reacted" and had not given this any thought.

The state was additionally ordered by the court to get a forensic study that would clarify whether the accused was shot at point-blank range or from a distance with the firearm. It also inquired as to where the deceased person's bullet wound was.

Akshay’s father moved the Bombay High Court on Sep 24 and sought a special investigation team (SIT) probe into the death of his son, whom he claims was killed in a “fake encounter.”

"My case is that this is a fake encounter case. My prayers are to order a probe into the murder, the registration of an FIR against the erring officers, and to preserve the CCTV footage of Taloja prison and the vicinity near the spot where the incident took place,” his father said.

Akshay Shinde, a contractual sweeper at the Badlapur school was charged with sexually abusing two young girls aged 3 and 4 years old. He was arrested on Aug 17, five days after the complaint was lodged by the victims' parents.

He was booked under Section 377 (unnatural sex) of the Indian Penal Code.