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Badlapur Sexual Assault Case: Accused Shot Dead In Police Encounter

Akshay Shinde, who was accused of sexually assaulting two minor girls at a school in Badlapur, Maharashtra, was shot dead in a police encounter.

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Tanya Savkoor
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Akshay Shinde

Akshay Shinde, who was accused of sexually assaulting two minor girls at a school in Badlapur, Maharashtra, was shot dead in a police encounter on September 23. According to the police, the Thane crime branch was escorting him from Taloja Central Jail for questioning when he allegedly snatched a police officer's gun and shot three rounds at him. In response, a senior inspector fired one round at Shinde, which struck him in the head. He was declared dead at the hospital.

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What Is Akshay Shinde Accused Of?

Two four-year-old girls were sexually assaulted at their kindergarten school on August 16 in Maharashtra's Badlapur, sending tremors through the nation. The accused, 24-year-old Akshay Shinde who worked as a cleaner at the school, was arrested on August 17 after an FIR had been filed against him. Massive outrage and protests erupted in the city, over the school's delay in handling the case. 

In a recent development, Shinde's estranged second wife reportedly filed a case against him under section 377 (unnatural sex) of the Indian Penal Code. According to reports, she had left Shinde five days after their marriage as he assaulted her. Shinde was being escorted for questioning in this case, when the encounter took place.

He was being escorted from Taloja Jail by 10 policemen and four armed officers seated next to him. When the vehicle reached Mumbra Bypass, Shinde snatched the pistol from assistant police inspector Nilesh More and shot him thrice, injuring his thigh. Senior inspector Sanjay Shinde then shot Akshay, hitting him in the head.

Akshay Shinde was taken to Chhatrapati Shivaji Maharaj Hospital in Kalwa, where he was declared dead, the senior police officer said. His body was then taken to JJ Hospital in Mumbai for post-mortem. Shinde's mother Alka has refuted the police's claims that he was shot in self defence. She raised suspicion that his killing was politically motivated, suggesting that it was pre-planned.

Alka told the Hindustan Times, "I met him (Akshay) around 4:30 pm in Taloja jail on Monday (September 24). I had been waiting to see him since morning but finally got a chance to talk to him for 15 minutes. He told me that the charge sheet had been filed in his case and asked if I was trying to get him out of jail. He said that when I visited him last Monday, he had been beaten by the police."

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Alka added, "My son feared Diwali crackers. I would always drop him off at school or the office during Diwali because he was terrified of the noise. It is unbelievable that he took a gun and shot some rounds... Even if he had committed it, the government and police should have faith in their own investigation and the courage to handle this case fairly. A fair punishment, even if it had been the death penalty, would have been justified."

Panic Buttons and CCTVs for Schools After Badlapur Incident

Education Minister Deepak Kesarkar received the report on the Badlapur school sexual abuse case on Monday, August 26, from the Women and Child Welfare Department and the Education Ministry. The report, which highlights negligence among officials, will be forwarded to the Home Ministry.

Kesarkar emphasised the need for improved safety measures in schools and hostels. "A committee formed under Mumbai regions deputy director and advisor Maharashtra Child Right Protection Susuben Shah inquired all concerned officials. People who have been found negligent are named co-accused. The report will be now submitted to Home Ministery.," Kesarkar explained.

To enhance women's safety, Kesarkar proposed the installation of panic buttons and CCTV cameras in schools and hostels. "While panic buttons do not need to be placed in classrooms, they should be installed in areas where safety risks are higher, such as toilets and hostels, based on recent incidents," he said.

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Special Investigation Team Files Charge Sheets

The Maharashtra government has ordered the formation of a Special Investigation Team (SIT) to investigate the children's sexual abuse case thoroughly. Deputy Chief Minister Devendra Fadnavis ordered the SIT to be headed by a reputed officer, Inspector General of Police-level senior IPS officer Arti Singh.

On September 16, the SIT filed its first charge sheet based on the complaint of one of the girls. The charge sheet contained medical reports, which state that the prolonged sexual assault of the four-year-old from August 5-12 left her with deep injuries.

On September 19, the SIT filed another charge sheet based on the second girl's complaint. She stated that Akshay Shinde took her to a restroom and sexually assaulted her. The girl returned home and immediately informed her parents, after which she was taken to a private doctor, who confirmed that was sexually assaulted. When the parents informed the school principal about the incident, they were allegedly told that the incident could not have happened on the school premises. The parents were also denied access to CCTV footage.

The SIT named principal Archana Athavale, chairman Uday Kotwal, and secretary of the trust that runs the school, Tushar Apte, as co-accused in the FIR for negligence as they allegedly failing to report the incident to the police. The charge sheets also add that the police did not take prompt action in the case. 

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Bombay High Court Takes Suo Moto Cognisance

The Bombay High Court spontaneously took up the case on August 22 amid rising tensions in Maharashtra. The Bench comprising Justice Revati Mohite-Dere and Justice Prithviraj K Chavan grilled the Maharashtra Police for the gaps in handling the case. The HC questioned why the second survivor's statements were not yet recorded. 

Moreover, the division bench also ordered the police to provide details about the steps taken to safeguard of the two girls. The justices said, “We are appalled by the fact that the Badlapur Police did not record the statement of the second victim girl under Section 164." This section of the Code of Criminal Procedure (CrPC) deals with the statements/confessions recorded by the Magistrate for evidence.

“You (police) recorded statements so belatedly, the incident is of August 13 and the FIR is of 16th, statement recorded now? Why statements of parents were not recorded earlier? Duty of the police officer is to record the statement as per procedures. We are interested in ensuring victims get justice," the court emphasised.

"If the school is not a safe place, then what is the use of speaking about the right to education and such things? Even 4-year-old girls are not being spared. What is this situation? It is extremely shocking," the court remarked. "This is such a serious offence. Two girls were sexually assaulted, how can the police not take the issue seriously? We would want to know what steps you are taking to ensure the security of school girls. Security and safety of girls cannot be compromised at all."

Senior Lawyer Ujjwal Nikam Appointed As Special Public Prosecutor

The State government has reportedly appointed veteran lawyer Ujjwal Nikam as the special public prosecutor in the case, according to Deputy CM Fadnavis. Nikam has handled several high-profile as a special public prosecutor such as the 1993 Mumbai serial blasts and the 26/11 terror attack. 

Fadnavis wrote on X (Twitter) that the case would be speedily investigated and processed in the fast-track court. According to reports, lawyers across the Kalyan Bar Association announced their decision not to defend the case of accused Akshay Shinde.

Three Police Officers Suspended 

As protests for accountability emerged, three police officers, including a senior police inspector, have been suspended by the Maharashtra government for alleged negligence of duty in investigating the case. Some reports state that the survivors' parents were forced to wait for 11 hours at the Badlapur police station before their complaints were formally registered.

FIRs Against Agitators

Amid the protests on August 20, at least 17 city police personnel and around eight railway police officials were injured in the incidents of stone-pelting at the railway station and other parts of Badlapur. Investigators have reportedly arrested 72 agitators for the violence so far. Reports state that additional police force has been deployed to curb the tensions.

Internet Services Halted, Calls For Maharashtra Bandh

As the outrage and violence expanded across town, internet services in Badlapur were suspended on August 21. DCP Sudhakar Pathare said the internet services will be restored after reviewing the situation in the town." According to locals, schools in the city remained shut.

The political coalition, Maha Vikas Aghadi (MVA), has called for a Maharashtra Bandh on August 24 to reportedly protest the rising crime against women and girls. In a meeting, the leaders from three parties discussed the Badlapur incident and overall women and girls safety issues in the state.

Bombay HC Child sex assault Maharashtra police badlapur school sexual assault
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