MUMBAI: Observing that the use of force was not justified, a magistrate’s inquiry into the death of the accused in the Badlapur school sexual assault case concluded that five police personnel were responsible for it.
The report of the junior magistrate first class (Thane) was submitted on Monday to the Bombay High Court in a sealed envelope. Justices Revati Mohite-Dere and Neela Gokhale said that in view of the findings, “we want you (State) to register an FIR. Whatever the conclusion, you will have to take appropriate steps.”
The incident took place near Mumbra bypass after 6 pm on September 23 while the accused was being taken from Taloja jail to the Thane crime branch by the police. The accused was declared dead at 7.52 pm at Chhatrapati Shivaji Hospital, Kalwa. The five police personnel are API Nilesh More, PI Sanjay Shinde, constables Abhijeet More and Harish Tawade, and the driver.
The High Court was hearing a petition by the accused’s father to constitute an SIT to probe his son’s ‘murder’, to direct the authorities to register an FIR against the erring officers, to preserve CCTV footage from the time he was taken into custody from Taloja jail till he was taken to the hospital in Kalwa, and for compensation. The father’s petition said he and his wife interacted with their son around 3.30-4 pm and there was nothing to indicate he was in a troubled state of mind.
According to the prosecution, the accused snatched the service revolver of API Nilesh More and in the scuffle, More received a bullet injury on his thigh. The accused fired two shots at the officers, which they missed. PI Sanjay Shinde immediately pulled out his service pistol and fired at the accused, which hit him on his head.
The judges were submitted the magistrate’s report by public prosecutor Hiten Venegavkar. After perusing it, they read from two paragraphs that the magistrate stated that the police were in a position that they could easily have handled the situation. There was no fingerprint of the deceased accused on the weapon nor gunshot residue on his hand.
Citing the forensic science laboratory report, the magistrate said the use of force was not justified. He also found substance in the parents’ allegations that it was a fake encounter and the five police personnel were responsible for their son’s death.
Venegavkar said necessary procedures will be followed, including sending the report to the State Human Rights Commission.
The judges directed the HC registry to furnish a copy to the prosecution as well as the advocate or petitioner.