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Bombay HC reprimands CID for lax investigation into accused’s death
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Bombay HC reprimands CID for lax investigation into accused’s death

Bombay HC slams CID for lax probe in Badlapur sexual assault case Death | File photo

Mumbai: The Bombay High Court on Monday reprimanded the State Crime Investigation Department (CID) for its careless investigation into the death of the accused in the Badlapur school sexual assault case, who was killed in an alleged police shootout on 23 September.

The court noted several lacunae in the CID investigation and questioned why the investigation was taken lightly. The court expressed concern over the absence of gunshot residue on Shinde’s hands and the lack of fingerprints on a water bottle given to him.

“This is something unusual. The residue remains on a person’s hand for three to four days. Were adequate efforts made to procure the sample?” asked the bank, adding: “No fingerprints were found on any of the 12 bottles. How can I believe that?”

The HC was hearing a petition by Anna Shinde, father of Akshay Shinde, who was killed in the exchange of fire. Shinde, 24, had been arrested in August for allegedly sexually assaulting two minor girls at a school in Badlapur, Thane district.

On September 22, police alleged that Shinde allegedly wrested a gun from an officer while he was being transported from Taloja jail to Badlapur for investigation in another case. He reportedly fired three rounds before being shot dead in retaliatory police fire.

The police claimed that they removed Shinde’s handcuffs because he asked for water, which was provided in a bottle inside the police van.

Questioning the handling of forensic evidence, the court said it was unusual for no forensic evidence, such as gunshot residue or fingerprints on water bottles, to be detected.

The judges also criticized the CID for not providing the magistrate with crucial material for the investigation. “You are still recording statements. We want all information to be given to the officer as per law,” the court said. He added that delays in providing documents to the magistrate would affect the timely submission of the magistrate’s report.

The court told state advocate general Birendra Saraf that no expert is needed to see that the investigation is being taken lightly. “See how easily the probe was taken. The Magistrate is only to see whether the death was a privative death or not. If the police don’t even present the proper material, then how will the magistrate do his job?” asked the judges.

The HC asked the CID to complete the investigation within two weeks and submit the relevant evidence to the magistrate. The court adjourned the case for hearing on December 2.