Dead men tell tales: Bombay HC seeks Badlapur encounter's magisterial probe report by Nov 18

Mumbai: The Bombay High Court on Thursday asked the CID to collect, check and preserve all evidence in the alleged encounter-killing of the Badlapur rape case prime accused Akshay Shinde and directed that the magisterial probe report into the incident should be submitted on November 18.

A division bench comprising Justice Revati Mohite-Dere and Justice Prithviraj Chavan asked searching questions to the Advocate General Birendra Saraf on various aspects of the incident, starting with the status of the CID probe into the gunning down of Shinde on September 23 at the Mumbra Bypass in Thane.

"A dead body is the most silent and honest witness," observed the court, asking if the police had collected all the forensic evidence from the deceased's body, to which Saraf replied in the affirmative.

The judges pointed out how every fire-arm has a peculiar pattern and leaves behind a different residue, and the remnants on Shinde's head where he was shot, his hands when he opened fire from the police's pistol at the escort team needed to be collected, analysed by forensic experts and preserved.

Justice Mohite-Dere and Justice Chavan said that the bullets fired in the incident were from two different guns and the empty shells were of two separate weapons, how the firing pins of each gun is unique and all this could be conclusive proof, and sought a report conclusively showing this.

To a question by the judges, Saraf said that the bullet had pierced through the metal roof of the police van, and the court asked: "How far did the bullet go? Did you not find it? It was a secluded area."

Saraf responded that the CID would look into this while the court was annoyed when told that the police had failed to seize the water bottle which was given to Shinde when he asked for water in the vehicle.

Stressing on the importance of collecting evidence from the crime-scene, the judges asked for the medical report of the police officer who sustained a bullet injury.

"Was he examined properly? Was there any residue of blacking at the spot, were there entry and exit wounds on the leg of the police officer who got injured. We need to see all this, and his injury certificate. The bullet wound may also have some residue that could co-relate which gun’s bullet hit him," said the court.

The court was hearing a petition filed by Anna Shinde, the deceased's father, demanding a FIR into his son's killing and other pleas, and said that it would pass the order after getting the Magistrate's probe report.

At the previous hearing, Justice Mohite-Dere and Justice Chavan had raised several doubts on the versions of the encounter incident, how Shinde was shot and why four police escorts couldn't overpower a single, weak person.

It may be recalled that in mid-August, the state was rocked by the alleged sexual assault on two girls aged 3 and 5 in the toilet of a prominent private school in Badlapur, the home district of Chief Minister Eknath Shinde.

The prime accused, Akshay A. Shinde, 24, was arrested and sent behind bars, but on September 23, he was shot dead in a police encounter near Mumbra town while being transferred from Taloja Jail in Raigad to Badlapur by a police escort, leading to a fresh political uproar.

There are multiple probes currently underway into the custodial death incident, a suo motu case plus a plea filed by the deceased's father, and the next hearing in the matter is scheduled for November 18.