Bombay HC directs magistrate to submit inquiry report by Nov 18

The Bombay High Court on Thursday directed the magistrate to submit by November 18 inquiry report into custodial death of Badlapur sexual assault case accused Akshay Shinde reported the PTIThe report shall be placed before us on November 18 The magistrate inquiry report is expedited the Bombay High Court saidA division bench of Justices Revati Mohite Dere and Prithviraj Chavan gave the direction and also ordered that all evidence related to the case be collected preserved and checked by forensic expertsThe bench also emphasized the police to include strong forensic evidence in its probe into the incident where the accused was killed in a police shootoutThe law mandates that every custodial death has to be inquired into by a magistrateAdvocate General Birendra Saraf said all relevant documents have been forwarded to the magistrate for inquiry as per the PTIThe court said the magistrate shall commence the inquiry and hear all parties concernedThe court was hearing a plea filed by the accuseds father seeking a courtmonitored probe into the deathAkshay Shinde 24 was facing allegations of sexually assaulting two minor girls at a school in BadlapurHe was being transported Taloja jail in Navi Mumbai when the Badlapur encounter took place on September 23The incident happened near Mumbra Bypass in Thane when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case registered against him on the complaint of his estranged wifeAs per the PTI The Bombay High Court bench questioned the state CID which is probing the matter on its probe and urged that all evidence be collected preserved and checked by forensic expertsThe bench asked if the police had collected forensic evidence from the body of the deceasedThe court said every firearm has a peculiar pattern and the residue it leaves is also differentThe residue left on the deceaseds head where he was shot his hands when he opened fire from the polices pistol needs to be collected preserved and analysed forensically it saidDead body is the most silent and honest witness the court said asserting the need to collect and preserve all evidence the PTI reportedThe court noted that bullets were fired from two different firearms in the incidentEmpty shells found were of two different arms The firing pin of every gun is different This can be a conclusive proof which firing arm will have which firing pin the court said the news agency reportedWe want to see a report showing this conclusively it saidThe court also asked if it has found the bullet that pierced through the accusedBirendra Saraf said that the bullet pierced through the tin roof of the police vehicleHow far did the bullet go It was a secluded area Did you not find it the court said according to the PTIBirendra Saraf said that the CID would look into it the PTI reportedThe court expressed its displeasure when it was informed that the police had not seized the bottle of water which was given to the accused when he asked for water in the vehicle as per the PTIThe polices case was that the accuseds handcuffs were removed after he asked for water after which he forcibly snatched the pistol of one of the police officers and opened fireThe court said in other cases too the police fails to gather evidence from the scene of offenceIt is an important piece of evidence the bench saidThe court also sought the medical report of the police officer who sustained injury in the firing by the deceased accusedThe police officer who sustained gun shot injuryHas he been examined properly Was there any residue or blackening at the spot We need to see that Was there entry and exit wound on the thigh of the police officer who got hurt the court asked the news agency reported on ThursdayWe need to see his injury certificate The bullet injury must also be having some residue so as to correlate which guns bullet hit him it addedThe bench said each firearm has a peculiar firing pattern and a firing pin and hence forensic evidence is requiredwith PTI inputs