Custodial death: HC to decide if murder charge should be pressed

The Bombay High Court on Tuesday said it would decide if the charge of murder should be invoked against eight railway police officers who are facing trial for the alleged custodial death of a 25-year-old man.

A division bench headed by Justice Ranjit More was hearing a petition filed by the father of Angelo Valdaris, the victim, seeking a CBI probe.

The high court had earlier ordered the central agency to take over the case, and in 2017 the CBI filed a charge sheet against the eight officers under IPC sections 338 (causing grievous hurt) and 377 (unnatural sex) of the IPC.

Senior counsel Yug Chaudhary, appearing for Valdaris' father, contended on Tuesday that the accused should be tried for murder.

"The prosecution's case is Valdaris died while escaping from custody. Even assuming that this was correct, the accused should still be booked for murder," the lawyer said.

The bench said it would hear arguments on this point on September 9.

It also directed the Maharashtra government to state during the next hearing the steps it had taken to comply with an order of the court directing installation of CCTV cameras in all police stations.

The order had been passed during an earlier hearing, with a view to prevent custodial torture.

Valdaris was found dead on the tracks in April 2014.

His family alleged that he and his three friends were picked up by Wadala Railway Police for alleged robbery, and they were subjected to torture and even forced to perform unnatural sex with each other.

Valdaris died due to the torture, the family alleged.

The police claimed that Valdaris died after being hit by a train when he was fleeing from custody.