'Cannot be termed an encounter': Bombay HC pulls up Mumbai Police over Badlapur accused’s death

The Bombay High Court questioned the Mumbai Police regarding the death of the Badlapur sexual assault accused, Askhay Shinde, and said that the incident could not be "termed an encounter", stressing that a probe should be conducted in a fair and impartial manner.

The high court also said that the shootout of the accused could have been avoided.

According to the police statement, Shinde succumbed to injuries after he snatched the revolver of a police officer in the police vanwhile he was being taken to Badlapur from Taloja jail, and opened fire on the cops, leading to retaliatory firing in which he got shot.

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“Why was the accused shot in the head directly and not in the legs or arms first,” the Bombay High Court questioned.

Replying to the bench, the Chief Public Prosecutor said, "The officer did not think this, and he just reacted. It was an on-the-spot reaction."

Justice Prithviraj Chavan said, "The moment he pulled the first trigger, the others could have easily overpowered him. He wasn't a huge built up or strong man. This is very difficult to accept. This cannot be termed as an encounter."

Akshay Shinde's father, Anna Shinde, filed a petition in the Bombay High Court on Tuesday, alleging that his son was killed in a fake encounter and demanded a Special Investigation Team (SIT) to investigate the case.

Watch |Badlapur Sexual Assault Case: Bombay High Court hears matter after Suo Moto Cognisance

Stressing that it was hard to believe the police statement, the court said, "You said the accused fired three bullets towards the police. Only one hit the cop. What about the other two? Was there any ricochet?"

During the hearing, the high court told the public prosecutor that a revolver can't be unlocked quickly by a physically weak man. “It is not very easy,” it said.

(With inputs from agencies)