Key findings include lack of fingerprints on weapon, absence of gunshot residue on deceased
The Mumbra bypass spot where Akshay Shinde was shot dead. Pic/Shadab Khan
The magistrate inquiry report regarding the alleged “fake” encounter of the accused in the Badlapur school sexual assault case has been submitted before the Bombay High Court. The report concludes that the “force” used by five policemen during their altercation with the deceased was “unwarranted” and holds the officers “responsible” for his death. It further reveals that the fingerprints of the deceased were not found on the gun that police claimed he had used to fire.
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According to the report, the claim by the policemen that they acted in self-defence is “unjustified” and “raises questions.” The officials involved included senior police inspector Sanjay Shinde of the Thane Crime Branch, Assistant Police Inspector Nilesh More, Head Constables Abhijeet More and Harish Tawade and a police driver.
A forensic team examines the police van on September 24, 2024, in which Akshay Shinde was killed. File pic
The bench of Justice Revati Mohite-Dere and Justice Dr Neela Gokhale read the findings in open court. Justice Mohite-Dere observed, “Based on the collected material and the FSL report, the allegations made by the deceased’s parents are valid, and these five policemen are responsible for his death. The court emphasised that the state is bound to register an FIR in this matter.
Magistrate order
The magistrate's report states that the self-defence theory presented by the five policemen is under a shadow of suspicion. “It is necessary to consider whether the use of force was justified. The vehicle was in motion, and the alleged incident happened in a moving vehicle. The four policemen were in a position where they could have easily handled the situation. I have already mentioned that there were no fingerprints on the pistol of the deceased. Moreover, no gunshot residues were found on the handwash, handcuffs, or clothes of the deceased. Under such circumstances, it is clear that the use of force was not justified, and the contention raised by the policemen regarding the right of private defence comes under suspicion.”
“The allegations made by the parents of the deceased hold substance if the FSL reports are considered. These five policemen were present at the time of the encounter. Several grounds, as narrated above, raise suspicion about the alleged encounter. Therefore, these five policemen are responsible for the death,” the report reads.
The magistrate’s report suggests using dash cameras to avoid such incidents in the future. “In the future, to prevent such incidents, in my view, there should be video recording with the help of a dash camera whenever any person is taken from one place to another in custody. The responsibility of ensuring the recording has started should rest with the driver of the vehicle. He should check whether the recording has begun. The responsibility of ensuring the camera is functional should also rest with the senior officer in charge of the vehicle on that day. If the dash camera of the vehicle is not working, the driver and officer should immediately inform their superior officer and request the arrangement of another vehicle,” the magistrate concluded the report with these suggestions.
Shinde’s lawyer speaks
Advocate Amit Katarnavare, representing Akshay Shinde’s family said, “We have maintained from day one that this was a cold-blooded murder. Now, the police must immediately register a case of murder against the officers involved in Akshay Shinde’s killing in a fake encounter.”
Citing the magistrate inquiry report, Katarnavare pointed out discrepancies in the police’s claims. “The police alleged that Akshay Shinde fired at them after snatching a pistol, but the forensic report confirms otherwise. The pistol does not bear his fingerprints, and there is no gunshot residue on his hands. Additionally, the handcuffs used on him by the police also lack any gunshot residue,” he stated.
Katarnavare further highlighted inconsistencies in the injury claims made by the police. “API More, who claimed that Shinde shot him in the leg, does not have any gunshot residue on his jeans. These findings completely discredit the police’s version of events,” he added.
He also pointed out another discrepancy in the police’s claims, stating, “The water bottle that the police claim Akshay Shinde used to drink water after they allegedly removed his handcuffs, does not bear his fingerprints. This further raises questions about the credibility of the police’s version of events.”
Case background
Akshay Shinde, 24, was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur. He was an attendant at the school. On September 23, 2024, Shinde was killed in an alleged police shootout near the Mumbra bypass while being taken from the Taloja prison for questioning.
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