Why shoot on head? Bombay high court questions legitimacy of Badlapur encounter

During a hearing, the Bombay High Court scrutinized the encounter, questioning how a trained police force could have shot the accused in the head, rather than incapacitating him with a shot to the limbs.

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Mayank Kasyap
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Badlapur assault case (X/MeghUpdates)

Mumbai: The Bombay High Court has raised significant concerns regarding the alleged encounter of Akshay Shinde, the main accused in the Badlapur rape case. The court has questioned the circumstances surrounding the incident, particularly how Shinde was shot in the head, suggesting potential irregularities in the police's account of events.

High court's doubts over encounter details

During a hearing, the Bombay High Court scrutinized the encounter, questioning how a trained police force could have shot the accused in the head, rather than incapacitating him with a shot to the limbs. The court noted that the official version presented by the police raises doubts about the legitimacy of the encounter. These sharp inquiries came in response to a petition filed by Shinde’s father, who alleges that his son was deliberately killed to eliminate evidence related to the rape case.

Court's directives and questions

The High Court highlighted several inconsistencies in the police's narrative, demanding further clarification. The judges questioned why the police, who claimed to have surrounded Shinde, were unable to control him without resorting to lethal force. They also inquired about the presence of Shinde's fingerprints on the gun, the nature of the gunfire, and the circumstances under which Shinde’s handcuffs were allegedly removed in the police vehicle.

"There were two policemen in front of the accused and two on the side. Then how is it possible that they could not control a weak man, that too in the rear of the car?" the court asked, expressing skepticism over the police's explanation.

What actually happened in Badlapur?

The Badlapur case dates back to August 12-13, when two three-year-old girls from Adarsh Vidyalaya in Thane's Badlapur were reportedly sexually assaulted by a school janitor, Akshay Shinde. The incident sparked outrage when it was revealed that local police delayed filing an FIR, taking over 12 hours despite the parents' insistence. It was only after intervention by local leaders that the FIR was registered, and Shinde was subsequently arrested on August 17 under the POCSO Act.

Controversial encounter

The controversial encounter took place on September 23, while Shinde was being transported from Taloja Jail to Badlapur for further investigation. According to the police, Shinde managed to seize a pistol and fired at the police team, injuring one officer. In the ensuing exchange, Shinde was critically injured and later pronounced dead at the hospital. However, the court’s pointed questions have now cast doubt on this sequence of events, prompting further legal scrutiny.

What's next in investigation?

The Bombay High Court has demanded that all relevant evidence, including fingerprints, hand wash tests, and ballistic reports, be presented in court on the next hearing date. The court’s rigorous interrogation suggests that the legitimacy of this encounter will be thoroughly examined in the coming days.