The High Court on Thursday expressed displeasure over the State Crime Investigation Department's (CID) claim that the bullet fired by Badlapur sexual assault case accused Akshay Shinde during the encounter could not be found.
Also, why wasn't this cartridge discovered? Why was the bottle of drinking water given to Shinde not confiscated he had asked from the police? Was the forensic examination done on the injuries inflicted on the police officer? Adding to these questions, the court questioned the CID's investigation and expressed displeasure over the police's negligence in collecting important evidence.
While Shinde was taking to the court he asked for water. So, the handcuffs were removed from his hands and he was given a bottle of drinking water. However, taking advantage of this opportunity, Shinde snatched the pistol of a police officer from the vehicle and fired, according to the police. Meanwhile, a bench of Justice Revathi Dere and Justice Prithviraj Chavan reprimanded the police for not collecting important evidence in such a serious case. He also remarked that it is unfortunate that not only in this case, but in most cases, the police do not collect important evidence from the crime scene.
The bench, while questioning the CID's investigation, highlighted the need to collect all the evidence related to the encounter, preserve it and get it examined by forensic experts. The dead body is the most silent, yet vociferous witness. Therefore, while reiterating the need to collect and preserve the forensic evidence related to him, has the forensic evidence on Shinde's body been collected?. At the same time, the storage of each pistol and its cartridges is different. Therefore, it was clarified that the forensic evidence of the place where Shinde was hit in the head and the pistol with which he fired at the police would be collected and analyzed by experts.
In this encounter, bullets were fired from two different pistols. The court also clarified that the firing pin of each pistol is different and can be a decisive piece of evidence. Also, the police were ordered to submit the report of all the forensic evidence.
The bullet was not found
There was an encounter in a moving vehicle. Therefore, it was said by the police that the bullet that hit Shinde's head went through and then pierced the roof of the car. On that, the court questioned whether this bullet was found and how far it went. On top of that, after the Advocate General said that no bullet was found, the encounter took place in a deserted area and the area was also very small. Then the court asked why the bullet was not found.
Submit wound report of injured policeman
The court also ordered the CID to submit the medical report of the police officer injured in the shooting by Shinde. It questioned whether the officer's wound was properly examined, if a bullet was lodged in his thigh and exited at the scene, and if there was an exit wound in his thigh. Additionally, the court clarified in its order that it wants to see the report on these matters, as well as the exact pistol used in the shooting.
Investigate the death as soon as possible
The court directed the Metropolitan Magistrate to investigate Shinde's custodial death at the earliest and submit the report by November 18. The court passed the order after State Advocate General Birendra Saraf informed that as per law, the case is being investigated by the Metropolitan Magistrate.