Badlapur sexual assault cases: Inquiry report supports allegations that Akshay Shinde was killed in fake encounter

MUMBAI: The state government assured the Bombay High Court on Monday that it would take appropriate legal steps following a judicial magistrate’s findings on the allegations that 24-year-old Akshay Shinde, arrested for sexually assaulting two kindergarten girls in Badlapur East, was killed in a fake encounter.

A division bench comprising Justice Revati Mohite Dere and Justice Dr Neela Gokhale noted that the judicial magistrate had conducted an inquiry into the encounter and submitted its report in a sealed cover to the court. The judges stated that the report supported the claims made by Shinde’s parents, implicating five policemen in his death.

“The report reveals that the allegations made by the parents of the deceased are justified. It concludes that the force used by the five policemen was unwarranted, and they are responsible for Shinde’s death,” the bench observed. The court highlighted critical findings from the report, including the absence of Shinde’s fingerprints on the gun he allegedly snatched and the lack of gunshot residue on his hands. It also questioned the police’s claim of self-defence, stating that it was “in the shadow of suspicion.”

The court further pointed out that the incident occurred inside a moving vehicle, and the situation could have been managed without the use of lethal force. “There were no fingerprints of the deceased on the gun and no gunshot residue found on his hands, handcuffs, or clothing,” the court emphasised, reinforcing the magistrate’s conclusion.

The bench directed that a First Information Report (FIR) be registered against the policemen involved and called for a thorough investigation. Public Prosecutor Hiten Venegaonkar was given two weeks to inform the court about the agency that would conduct the probe into the alleged fake encounter.

The court was hearing a petition filed by Anna Shinde, the father of the deceased, who claimed that his son was killed in a staged encounter for political reasons. He has sought the formation of a Special Investigation Team (SIT) to investigate the incident. Akshay Shinde, 24, was arrested on August 16 last year for allegedly sexually assaulting two four-year-old girls at a pre-primary school in Badlapur East, where he worked as cleaning staff. On September 23, he was shot dead by Thane police in an encounter near Mumbra while being transported in a police van from Taloja jail.

According to the police, Shinde had snatched a service pistol from an officer seated next to him and fired three rounds. One bullet reportedly hit an officer in the thigh, while the others missed. The police claimed that as Shinde attempted to fire again, an officer shot him in the head, killing him instantly.

The judicial report, however, casts doubt on the police’s version, strengthening the parents’ claims of a fake encounter. The High Court’s insistence on a thorough investigation marks a significant step in addressing these grave allegations.