Custodial death: HC asks trial court to book 8 cops for murder

The Bombay High Court on Thursday directed a sessions court to book eight railway police officials on charges of murder in connection with the custodial death of a 25-year-old man in 2014.

A division bench of Justices B P Dharmadhikari and S S Jadhav directed the trial court to frame charges against the accused persons under Indian Penal Code Sections 302 (murder), 201 (destruction of evidence) and 295 (A) (deliberate act to insult religious beliefs of a person).

"Prima facie this is a case of custodial death," the bench said.

The eight accused, who were attached with the Wadala railway police, were so far booked under IPC Sections 338 (causing grievous hurt or endangering the life of another person) and 377 (unnatural sex).

The bench was hearing a plea filed by the father of the victim, Angelo Valdaris, seeking that the accused be charged under IPC Section 302.

Valdaris, who had been in the railway police's custody for petty theft, was found dead on the railway tracks in April 2014.

The prosecuting agency, CBI, earlier argued that there was no evidence to make out an offence of murder against the eight railway police officials.

CBI counsel Hiten Venegaonkar had said that while the accused policemen tortured Valdaris in jail both physically and sexually, he died after being knocked down by a train when he was trying to escape from police custody.

According to the victim's father, Valdaris along with three of his friends was picked up by the Wadala railway police on charges of robbery.

He alleged that while in custody, the police officials continuously tortured and mentally harassed the youngsters and even forced them to perform 'unnatural sex' with each other.

The eight accused police officials were arrested after the incident and suspended from the police department.

All of them are currently out on bail.