Agnelo Valdaris ‘custodial death’: No objection if special court wants to charge 8 cops with murder, CBI tells Bombay HC

In its chargesheet, the CBI has booked eight of the accused on charges including assault, causing hurt and destruction of evidence. Two among them have also been booked under the Protection of Children from Sexual Offences Act for sexual offences against a minor who was apprehended along with Agnelo.

Pointing out the discrepancies in the CBI probe, the court said, “We are finding faults in the CBI inquiry. The authority, which does not conduct an impartial and fair investigation, is telling the court that let the trial court decide.”

The bench raised queries on whether an inquiry by a judicial magistrate was conducted, as required in cases of death in custody. It was told that no such inquiry had been undertaken by the state police that was earlier probing the case. The court also sought to know if there was any documentary evidence to show when Agnelo was taken out of the police lock-up at Wadala GRP on April 18, 2014 — the day of the alleged incident.

The police have claimed that Agnelo, who was being probed in a theft case, had tried to escape from custody and was run over by a train. The CBI has alleged that witnesses, including the motorman of the train, a labourer on the platform and a policeman on duty, had seen Agnelo being escorted by two policemen and him coming under the train while running on the tracks.

However, other witnesses, including those picked up with Agnelo, have told the CBI that Agnelo was assaulted to such an extent that he was in severe pain and in no position to walk.

Lawyers Payoshi Roy and Ajay Basutkar, representing Leonard, submitted that no witness had seen the exact sequence of events and that the based on medical evidence and statements of witnesses, there is scope to charge the accused with murder.

“There is evidence on record in CBI’s chargesheet itself where witnesses have said that Agnelo was in no position to walk due to the assault by the police. The autopsy report as well as medical experts have raise doubts about the escape story as claimed by the accused. If there is prima facie evidence, the charge is framed for the highest offence so that evidence can be led on it, even if eventually the charge is proved or not,” Roy submitted.

She added that despite letters written to the police by Agnelo’s father, the CCTV camera footage of the incident was not preserved and was later said to be unavailable. The hearing will continue on Thursday.