Bombay HC Criticises CID for Lax Probe in Badlapur Sexual Assault Case Death | File Photo
Mumbai: The Bombay High Court on Monday reprimanded the State Crime Inveatigstion Department (CID) for its lackadaisical investigation into the death of the accused in the Badlapur school sexual assault case, who was killed in an alleged police shootout on September 23.
The court noted several gaps in the CID’s probe and questioned why the investigation had been taken lightly. The court expressed concerns over the absence of gunshot residue on Shinde’s hands and the lack of fingerprints on a bottle of water reportedly given to him.
“This is something unusual. The residue remains on a person’s hand for three to four days. Was proper effort taken to procure the sample?” the bench asked, adding: “Not a single fingerprint was found on any of the 12 bottles. How to believe this?”
The HC was hearing a petition by Anna Shinde, father of Akshay Shinde, who was killed in the shootout. Shinde, aged 24, had been arrested in August for allegedly sexually assaulting two minor girls at a school in Badlapur, Thane district.
On September 22, police claimed that Shinde allegedly snatched a gun from an officer while being transported from Taloja Jail to Badlapur for an investigation related to another case. He reportedly fired three rounds before being shot in retaliatory police fire.
The police claimed that they removed Shinde’s handcuffs as he requested water, which was provided in a bottle inside the police van.
Questioning the handling of the forensics evidence, the court said it was unusual that no forensic evidence, such as gunshot residue or fingerprints on water bottles, was detected.
The judges also criticised the CID for not submitting crucial material to the magistrate to conduct the inquiry. “You are still recording statements. We want all information to be given to the officer as per law,” the court said. It added that delays in providing documents to magistrate would affect the timely submission of the magistrate’s report.
The court told the State Advocate General Birendra Saraf that no expert was required to see that the probe was being taken lightly. “See the manner in which the probe has been taken lightly. The magistrate is only going to see if the death was a custodial death or not. If the police does not even submit the proper material, then how will the magistrate do its job?” the judges asked.
The HC has asked the CID to complete the investigation within two weeks and submit relevant evidence to the magistrate. The court has kept the matter for hearing on December 2.
