Bombay High Court Directs Fair Investigation into Death of Badlapur Sexual Assault Case Accused

The Bombay High Court emphasized the need for a fair and impartial investigation into the death of Akshay Shinde, the accused in the Badlapur sexual assault case, who was killed in a police shoot-out on September 24. The court expressed skepticism regarding the circumstances surrounding Shinde’s death, questioning whether the shoot-out could have been avoided if police had attempted to subdue him before resorting to lethal force.

During the hearing, a division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan raised critical concerns about the police’s actions, particularly why Shinde was shot in the head rather than in less lethal areas such as the hand or legs. The court remarked that it was difficult to believe that Shinde could have seized a weapon from a police officer and opened fire, highlighting the need for clarity on how such an incident transpired.

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The bench stated, “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.” It directed that all relevant case files be handed over to the Maharashtra Crime Investigation Department (CID) for further examination. The court also set a follow-up hearing for October 3, by which time police are expected to respond to a complaint filed by Shinde’s father, who is seeking an FIR against the officers involved.

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Shinde’s father, Anna Shinde, has alleged that his son was killed in what he describes as a “fake encounter.” His petition calls for the establishment of a Special Investigation Team (SIT) to conduct an independent inquiry into the incident and for oversight by the high court.

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Akshay Shinde, 24, was accused of sexually assaulting two minor girls at a school in Badlapur, Maharashtra. He was being transported from Taloja jail to Badlapur when he allegedly managed to snatch a policeman’s gun during transit. According to police reports, after firing at Assistant Police Inspector Nilesh More and injuring him, officers returned fire, resulting in Shinde being critically wounded. He later succumbed to his injuries at Kalwa Hospital.

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