NEW DELHI: The Bombay high court on Wednesday pulled up the police over the custodial death of the Badlapur school sexual assault accused Akshay Shinde, suggesting foul play and stating that the incident couldn't be termed as an 'encounter.'
Chief public prosecutor Hiten Venegaonkar represented the Maharashtra government before a bench of justices Mohite Dere and Prithviraj Chavan on Wednesday.
The court questioned the handling of the incident, emphasizing that "the shootout could have been avoided" and asked why the police did not attempt to overpower Shinde first.
The bench also raised concerns over the manner in which Akshay was shot, asking, "Why was the accused shot in the head directly and not in the legs or arms first?"
Furthermore, the court stressed that the investigation into the death must be "conducted in a fair and impartial manner."
Akshay's father had filed a petition seeking a Special Investigation Team (SIT) probe into the encounter.
Akshay was shot dead by cops after he allegedly grabbed a constable's gun and fired at a police officer while being taken from Taloja jail on Monday evening.
Around 6.15pm, near the Mumbra bypass, the accused became increasingly aggressive while being transported under a transit remand, according to police reports. The former school janitor reportedly threatened to kill the officers.
The central unit of Thane crime branch had taken his custody in an offence related to unnatural sex filed by his wife for probe.
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