Magistrate inquiry in Badlapur sexual assault case holds five cops responsible for death of accused in custody

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A magistrate’s inquiry has identified five policemen as responsible for the custodial death of Akshay Shinde, the accused in the Badlapur school sexual assault case. The inquiry report was submitted in a sealed cover to the Bombay High Court on Monday during a hearing on a plea by Shinde’s father, Anna Shinde, alleging his son was killed in a staged encounter.

The implicated officers include 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 division bench comprising Justices Revati Mohite Dere and Neela Gokhale reviewed the report and stated that, by law, an FIR must be filed against the five policemen. The court directed the state to identify the agency responsible for the investigation.

“The magistrate has concluded that the five police officers are responsible for Akshay Shinde’s death,” the bench noted. It further directed the government to register an FIR based on the findings and sought a response within two weeks on the agency that would handle the probe.

The court also ordered a copy of the report to be shared with the prosecution and Anna Shinde while retaining the original report and related documents for future reference.

Akshay Shinde, 24, was arrested in August 2024 for allegedly sexually assaulting two minor girls in a school toilet where he worked as an attendant. On September 23, he died in an alleged police shootout while being transported from Taloja prison for questioning.

Police claimed Shinde attempted to seize a firearm inside the van and was killed in retaliatory firing. Senior police inspector Sanjay Shinde reportedly fired the fatal shot, with other officers and the driver present during the incident.

Shinde was being questioned about a separate case filed by his wife. Under the law, a magistrate inquiry is mandatory in custodial death cases.

The high court has also taken suo moto cognizance of the sexual assault incident and directed the formation of an expert committee to address safety concerns in schools. Public prosecutor Hiten Venegaonkar submitted an affidavit from the state education department detailing measures implemented post-incident. The committee’s report is expected by January 31.

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