Mumbai: Five policemen responsible in Akshay Shinde encounter's case, says Mumbai High Court

The court has also said that it is necessary for the state to register an FIR against these policemen

Mumbai: Five policemen responsible in Akshay Shinde encounter's case, says Mumbai High Court
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Badlapur sexual assault case accused Akshay Shinde died in the encounter. While this case came up for hearing in the Bombay High Court today, the judge made an important observation. In the Thane Magistrate inquiry report, the court has recorded that five policemen are responsible for this death. Bar and Bench has given a report in this regard.


According to the report, the police personnel could have easily handled the situation and the use of force could not be justified. Therefore, the court has also said that it is necessary for the state to register an FIR against these policemen.


A bench of Justices Revathi Mohite-Dere and Dr Neela Gokhale read the report in open court on January 20. "According to the material collected and the FSL report, the allegations of the deceased's parents are correct and these five policemen are responsible for his death," the bench said.


Akshay's fingerprints are not on the gun

The report stated that the use of force by five policemen in the scuffle with Akshay Shinde was 'inappropriate' and the police were responsible for his death. According to the report, there are no fingerprints of the deceased on the gun. He has termed the police's stance that he fired in self-defence as unjustified and dubious.


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A case will be registered against those five policemen

Meanwhile, Maharashtra Chief Public Prosecutor Hiten Venegaonkar assisted by Additional Public Prosecutor Prajakta Shinde informed the bench that the state will take action as per law and a case will be registered. At the same time, through which investigation agency will the case be investigated? The court asked the public prosecutor Hiten Venegaonkar and ordered him to clarify his position on the matter. The court also ordered the Registrar General's office to make available a copy of the magistrate's report to the public prosecutor and the lawyers of Shinde's family.


His father had approached the High Court claiming that the encounter with Shinde was fake. At that time, the court was told by the government that a judicial inquiry was being initiated into the encounter as per law. The case was being investigated under the supervision of the court. At that time too, the court had expressed displeasure over the state Crime Investigation Department (CID) not investigating the encounter case seriously. Also, it was pointed out that the behavior of the investigating agency in the case while pointing fingers at the lapses in the investigation was questionable.


The exact documents related to the investigation are being made available to the magistrates who are conducting the judicial inquiry into the case. The court also observed that this behavior of the CID leads to a wrong and adverse inference that the investigating agency is deliberately not informing the magistrates. After it was revealed that the medical documents of the policeman who was injured in the firing of the accused were not presented before the magistrate, the bench raised questions on the CID's investigation and the court pointed out that the investigation system had made mistakes in the investigation and created doubts about the investigation itself.

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