Crime
Badlapur Sexual Assault Case: Maharashtra Govt Challenges Sessions Court Judge’s Order, Unclear On Filing FIR Against Policemen
Mumbai: The state government has challenged before the Bombay High Court the order of the Thane sessions judge by which it kept “in abeyance” the findings of magistrate inquiry report implicating policemen in the death of accsued in the Badlapur sexual assault case. The State, however, remained non-committal on whether it would register an FIR against the policemen concerned based on the report.
Public Prosecutor Hiteen Venegaonkar informed a bench of Justices Revati Mohite-Dere and Neela Gokhale that they have filed an application before the HC challenging the February 21 order of the Thane sessions court keeping in abeyance the magistrate’s report questioning the legitimacy of the alleged encounter.
On a specific question by the bench on whether an FIR would be lodged against the five policemen based on the findings of the magistrate report, the State maintained that the observations in the magistraterial report cannot be a basis for an FIR.
Senior counsel Amit Desai, appearing for the government, said the an independent investigation is being conducted by the State Criminal Investigation Department (CID), in addition to a probe by an inquiry committee headed by retired judge of Allahabad HC, DB Bhosale. Hence, said that the State will wait for the conclusion of the CID probe before taking any decision.
“State believes that the investigation is ongoing and based upon it’s outcome, it will decide whether FIR is needed to be filed; or no cognisable offence is made and a closure report has to be filed,” Desai underlined.
Desai submitted that it can’t be said that the magistrate’s report “constitutes as evidence to lodge an FIR”. “We are doing our bit and there is nothing to suggest that the investigating officers (of CID) are acting in a mala fide manner for the court to intervene,” he added.
The bench again pointedly asked whether the State proposes to lodge an FIR. “Once that the report has come, our question is whether it is incumbent on the state to register an FIR or not. Today, the question is whether the state proposes to lodge an FIR or not? Say yes or no,” the court asked.
Desai emphasised that the independent probe was on and at this stage it is not permissible for the court to order registering of an FIR based on the magistrate’s inquiry report. The court will continue hearing the matter on March 10.
Last week, the HC had appointed senior advocate Manjula Rao as amicus curiae (friend of the court) to assist with the plea after Shinde’s parents expressed that they did not wish to pursue the case. Rao has been asked to assist the court on several issues, including whether an FIR ought to be registered by the State based on the magistrate’s report. The issue arose after the State argued that the magistrate’s report was only recommendatory.
The father had initially filed a petition claiming that his son was killed in a fake encounter.
Meanwhile, the State’s application against Thane sessions court order would be taken up for hearing after two weeks by Justice RN Laddha. The government has contended that the sessions judge order was “wrong, illegal and against the facts and circumstances of the case”. It contended that the sessions court had failed to consider the fact that the HC was seized of the matter related to the alleged encounter of the accused.
The HC had last week censured the sessions judge for the order.
Shinde had been arrested by the Badlapur police for allegedly sexually assaulting minor girls at a local school. While in judicial custody at Taloja Prison, he was taken into police custody on September 23 via a transfer warrant in connection with a second FIR lodged by his wife. However, during transit, he sustained firearm injuries and later succumbed.
The magistrate’s report, prepared on January 17, raised suspicion on the claims made by the five cops that they had to shoot at the accused in self-defence after he allegedly snatched a gun from them while being escorted. The magistrate noted the policemen, including two inspector-level officers, were in a position to control the situation and the use of force by them was not justified.
Crime
Drunk Dial 112 driver hits cyclist, motorcycle in Bihar’s Muzaffarpur

Patna, Aug 31: A Dial 112 emergency vehicle driver was accused of driving under the influence of alcohol and hitting a cyclist and a motorcycle in Muzaffarpur’s Ramdayalu area on Monday.
The incident, which falls under the jurisdiction of Sadar Police Station, triggered anger among local residents.
Police subsequently took the driver, identified as Santosh Kumar, into custody.
According to police, the detained driver underwent a medical examination, which confirmed alcohol consumption.
Further legal action is being taken in the matter. Meanwhile, the injured cyclist has submitted an application at Sadar Police Station seeking registration of an FIR.
According to preliminary information, Santosh Kumar was driving the Dial 112 vehicle through the Ramdayalu area when it allegedly first struck a cyclist.
The cyclist, Shatrughan Rai, a resident of Baramatpur under the Sadar police station area, sustained serious injuries, including injuries to both legs. The vehicle subsequently collided with a motorcycle.
The motorcyclist, identified as Manish Kumar of Chak Chameli village under the Hajipur Sadar police station area of Vaishali district, escaped with minor injuries, but his motorcycle was badly damaged.
The incident led to a gathering of local residents, who raised an alarm and confronted the driver over allegations of drunk driving.
Locals informed the police, following which a Sadar Police team reached the spot and took Santosh Kumar into custody. Manish Kumar said he was travelling from his home in Hajipur to Muzaffarpur when he witnessed the Dial 112 vehicle hit the cyclist.
He said the emergency vehicle then struck his motorcycle with considerable force, causing extensive damage. Manish further alleged that when he and others confronted the driver following the accident, the driver used abusive language.
The situation was subsequently brought under control after police reached the spot and took the driver to the police station.
Muzaffarpur SSP Kantesh Kumar Mishra said the incident had come to the police’s notice and that the accused driver was being questioned.
He said further action would be taken in accordance with the law after completion of the investigation and that steps would be taken to seek judicial custody of the accused.
Crime
3-year-old nursery student sexually assaulted at Delhi school; bus driver arrested

New Delhi, Aug 31: A case involving the sexual assault of a three-year-old nursery student at a private school in Delhi Bawana has come to light. Police have arrested a school bus driver in connection with the incident, officials said on Monday.
The accused, identified as Vikas, had been working as a bus driver at the school for around eight months. According to police, he allegedly befriended the child by offering her chocolates and subsequently sexually abused her on multiple occasions.
Police arrested Vikas from the school premises after the child’s identity and allegations were established during the investigation.
The case came to light on the night of August 19, when the child’s family noticed injury marks on her body and became concerned about her condition.
When the child’s mother questioned her about what had happened, the girl reportedly spoke about a “bad uncle” at her school who used to give her chocolates. As the three-year-old was unable to identify the man by name, the family approached the school administration and sought its help in finding out who the person was.
On August 24, the child was shown photographs of school staff and CCTV footage from the school premises as part of efforts to identify the person she had mentioned. Police said the girl identified Vikas as the man she had referred to as the “bad uncle”.
Following the identification, the school informed the police about the matter. An FIR was subsequently registered under the relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act, following which the accused school bus driver was arrested.
According to the allegations being investigated by police, the accused followed the girl when she was going towards the bathroom. He allegedly offered her chocolates and then touched her inappropriately under the stairs of the school.
During the investigation, police also seized the accused’s mobile phone. Officials said the device contained several videos showing him feeding chocolates to young children.
Police are now working to identify the children seen in those videos. The children are also being counselled as part of the ongoing investigation and to ensure their safety and well-being.
Investigators have also collected and seized CCTV footage from cameras installed at different locations on the school premises. The footage is being examined to establish the sequence of events and determine whether there were any other instances involving the accused.
Crime
16-year-old gang-raped in moving sleeper bus in UP, abandoned at Delhi’s Kashmere Gate

New Delhi, Aug 31: A 16-year-old girl was gang-raped inside an empty sleeper bus by its driver and conductor in Greater Noida earlier this month, police said on Monday, adding that both accused have been arrested in connection with the case.
According to police, the incident took place near Pari Chowk on August 4. The survivor alleged in her complaint that the two accused sexually assaulted her and threatened to kill her if she resisted. They later abandoned her near Kashmere Gate in Delhi.
The accused, identified as driver Kuldeep and conductor Sandeep, were arrested from a parking area in Timarpur on the same day.
Police have seized the bus and sent it for forensic examination. Investigators have also collected CCTV footage from the route taken by the bus as part of the probe. Police said the footage is being examined to establish the sequence of events and trace the movements of the vehicle.
The teenager is a resident of Mainpuri in Uttar Pradesh. Police said she had left her home without informing her family after her mother reprimanded her over her studies. She was travelling to Noida Sector 63, where her cousin lives.
According to the girl’s statement to police, she mistakenly got down at Pari Chowk amid heavy rain and darkness. After realising that she had reached the wrong location, she tried to find another vehicle and eventually stopped the sleeper bus. Police said there were no passengers inside the bus at the time.
The conductor allegedly told the girl that the bus was heading towards NoidaSector 63, following which she boarded the vehicle. Police said the bus was actually returning empty after undergoing repairs at a workshop in Surajpur.
The girl alleged that soon after the bus began moving, the conductor started behaving inappropriately towards her. She further alleged that both men then sexually assaulted her and threatened to kill her if she resisted.
After the assault, the two accused abandoned the girl near Ring Road in Delhi’s Kashmere Gate and fled from the spot. She subsequently approached the police and reported the incident, following which an investigation was launched.
Kuldeep and Sandeep have been booked under charges relating to gang rape, kidnapping and assault.
Police said the sleeper bus had curtains covering the individual berths, which may have provided privacy inside the vehicle during the alleged crime.
As part of the forensic investigation, teams recovered strands of the girl’s hair from inside the bus. The vehicle has been seized, and forensic examination is being conducted to collect further evidence that could support the investigation.
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