Mumbai (PTI): A magistrate's inquiry has held five Maharashtra policemen responsible for the custodial death of Akshay Shinde, the lone accused in the Badlapur school sexual assault case, and raised doubts on their claims of opening fire at him in self-defence in September last year.

Magistrate Ashok Shengde, in his report tendered in a sealed cover to the Bombay High Court on Monday, noted allegations levelled by Akshay Shinde's parents -- that their son was killed in a fake encounter -- has found substance if all evidences, including forensic reports, are considered.

The magistrate said the "contention raised by the police personnel of right to private or self-defence comes under a shadow of suspicion" due to evidence and other circumstances.

The report, which comes four months after the alleged police shootout, was submitted to the HC, which was hearing a plea filed by Akshay Shinde's father, Anna Shinde, claiming his son was killed by police in a fake encounter in adjoining Thane district while being taken in a van for questioning.

A division bench of Justices Revati Mohite Dere and Neela Gokhale, after perusing the report, said the state government was bound to register a case based on the inquiry and sought to know which probe agency would investigate the matter.

The five police officials indicted in the report are -- Senior Inspector Sanjay Shinde (Thane crime branch), Assistant Inspector Nilesh More, head constables Abhijeet More, Harish Tawade and police van driver Satish Khatal.

"The magistrate has conducted an inquiry and submitted its report. In the report, the magistrate has concluded that the five cops are responsible for the death of accused Akshay Shinde," the HC said.

The bench noted that as per law, an first information report (FIR) shall now be registered against the five policemen, and an investigation shall be carried out.

"You (government) are bound to file an FIR based on this magistrate report. Tell us which agency will investigate into the matter?" it asked.

The HC asked public prosecutor Hiten Venegaonkar, appearing for the government, to inform the bench in two weeks which probe agency would investigate the case.

The magistrate observed the four police personnel who were in the van (besides the driver) with Akshay Shinde were in a position to handle the situation. He questioned if use of force by the police officials was justified.

"It is necessary to consider whether the use of force was justified. The vehicle was in moving condition. The alleged incident happened in a moving vehicle. The four police persons were in a position where they could easily handle the situation," the report maintained.

It also took note of the findings of the Forensic Science Laboratory (FSL) which has concluded that there was no fingerprint of the deceased on the pistol which he is alleged to have snatched from one of the policemen accompanying, and opened fire.

"Moreover, no gunshot residues (were) found on hand wash, handcuff and cloths of the deceased. In such circumstances, it clearly shows that use of force was not justified and contention raised by police persons of right of private defence comes under shadow of suspicion," the report said.

"The parents of the deceased Akshay have made allegation of killing their son in a false encounter. The allegation made by parent of deceased found substance, if considered FSL reports," it added.

The magistrate went on to say that the five policemen were present at the time of encounter and there are a number of grounds that raise suspicion of the alleged shootout.

"Therefore, these the police persons are responsible for the death (of the accused)," the report said.

The probe report has also mentioned what care and caution should be taken by the police in such situations in the future, the HC noted.

As per the report, the magistrate has suggested for video recording to be done with dash cameras whenever an accused is taken from one place to another in custody.

The responsibility of recording should be fixed on the driver of vehicle. He should check whether recording started or not. The responsibility of whether camera is working or not also needs to fixed on the senior-most officer who has taken vehicle on that day for journey, the report said.

The bench directed for copies of the inquiry report to be furnished to the prosecution and also Anna Shinde.

"We shall keep the original report and all documents and witness statements annexed to it with us for now. The prosecution might need it later when it probes the case," the HC said.

Akshay Shinde (24) was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur in Thane district. He was an attendant at the school.

On September 23, Akshay Shinde was killed in an alleged police shootout while being taken from Navi Mumbai's Taloja prison for questioning. The police claimed he snatched the gun of one of the cops in the van, opened fire, and was killed in retaliatory firing. The accused was being taken for questioning in connection with a case lodged against him by his wife.

Under the law, a magistrate inquiry is initiated in cases where an accused dies in police custody.

The HC had taken a suo moto (on its own) cognisance of the sexual assault case and ordered for an expert committee to be set up to address the safety concerns of students in schools and other educational institutions.

Public Prosecutor Venegaonkar on Monday submitted to the HC an affidavit filed by the education department on steps taken by it post the incident.