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MUMBAI: Bombay high court on Monday said the State must register an FIR after a magistrate’s inquiry into the death of Akshay Shinde, the accused in the Badlapur school sexual assault case, found that five police personnel were responsible for his death. They are SPI Sanjay Shinde, API Nilesh More, head constables Abhijeet More and Harish Tawade, and police constable Satish Khatal, the driver.
The Jan 17 report inquiry magistrate, JMFC court, Thane, was submitted by public prosecutor Hiten Venegavkar to HC in a sealed envelope. Justices Revati Mohite-Dere and Neela Gokhale said,
“Whatever the conclusion, you will have to take appropriate steps… You are bound to register an FIR based on the magistrate’s report.”
The incident took place near Mumbra bypass after 6pm on Sept 23, while the accused was being taken from Taloja jail to Thane crime branch by the police.
The accused was declared dead at 7.52pm at Chhatrapati Shivaji Hospital, Kalwa.
Akshay’s father, Anna Shinde had petitioned HC pleading for an SIT to probe his son’s ‘murder’, and a direction for registration of an FIR against the policemen.
His petition said he and his wife had interacted with Akshay around 3.30-4pm, and there was nothing to indicate he was in a troubled state of mind. However, cops claimed Akshay snatched More’s service revolver, and in the scuffle, More received a bullet injury to his thigh. Akshay fired two shots at the officers, but missed. SPI Shinde then fired at Akshay, hitting him on his head.
The judges read from two paragraphs of the magistrate’s report that from scene recreation video, it appeared that the four police officers could “(have) easily handle(d) the situation”. “There was less distance between them and deceased Akshay. The alleged vehicle was in a moving position. Therefore, they were definitely in a position to control the situation, avoiding the death of the deceased,” Shendge stated.
The magistrate also considered whether the use of force was justified. “…there was no fingerprint of the deceased on the pistol. Moreover, no gunshot residues were found on handwash, handcuff, and clothes of the deceased.
In such circumstances, it clearly shows that the use of force was not justified, and the contention raised by the police officer of the right of private self-defence comes under a shadow of suspicion,” the magistrate said. “There are a number of grounds that… raise suspicion of an alleged encounter. Therefore, these five persons are responsible for the death,” he added.
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