Bombay High Court orders expedited magistrate inquiry in Akshay Shinde encounter

Bombay High Court directed the Magistrate's inquiry into the encounter of Akshay Shinde, accused in the Badlapur sexual assault case, should be expedited. The court set November 18 as the deadline to submit the inquiry report.

In Short

• Akhsay Shinde killed in an alleged police encounter on September 23, 2023
• Maharashtra CID questioned about the progress and forensic evidence collection
• High Court sets November 18 deadline for magistrate’s inquiry report

The Bombay High Court on Thursday directed that the Magistrate's inquiry into the encounter of Akshay Shinde, accused in the Badlapur sexual assault case, be expedited. Shinde was killed in an alleged police encounter on September 23 near the Mumbra bypass in Thane district, Maharashtra. Under the law, every custodial death must be investigated by a magistrate.

Advocate General Birendra Saraf informed the court that all relevant documents had been submitted to the magistrate for the inquiry. The bench, comprising Justices Revati Mohite-Dere and Prithviraj Chavan, instructed the magistrate to begin the inquiry promptly, ensuring that all concerned parties are heard.

"The report shall be submitted to us by November 18," the bench stated, emphasising the need for a thorough investigation of the evidence from the crime scene.

The court questioned the Maharashtra CID, which is currently investigating the case, on its progress and stressed the importance of collecting and preserving forensic evidence, including ballistic analysis of the firearms used in the encounter.

The court also noted that bullets were fired from two different firearms in the incident. "Empty shells were found from two different arms. The firing pin of every gun is different. This can be conclusive proof of which firing arm has which firing pin," the court said. "We want to see a report showing this conclusively," it said.

Shinde, 24, had been accused of sexually assaulting two minor girls in Badlapur and was being transferred from Taloja Central Prison for further investigation when the encounter occurred. The police claim that Shinde grabbed a service revolver and fired three shots before being shot dead by an officer.

The court demanded a forensic report linking the bullets and firearms used in the encounter, the examination of the injured police officer, and ballistic evidence to confirm which weapon was fired.

"The police officer who sustained a gunshot injury. Has he been examined properly? Was there any residue or blackening on the spot? We need to see that. Was there an entry and exit wound on the thigh of the police officer who got hurt," the court said.

The court ordered that the inquiry report should be presented on November 18.