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HC asks CBI to probe murder, unnatural sex charge against Wadala railway policemen

Only after the court had pulled up the agency had the CBI filed a chargesheet under various sections of Prevention of Children against sexual Offenses Act

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Agnelo Valdaris’s family
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The Bombay High Court on Monday directed the Central Bureau of Investigation (CBI) to investigate the charges of murder, culpable homicide, unnatural sex and abetment against eight Wadala Railway policemen allegedly involved in the custodial death of Agnelo Valdaris in 2014.

A division bench of Justice Ranjit More and Justice A M Badar, while asking the CBI to file a supplementary chargseheet within eight weeks before the trial court, said, "We are unable to accept the finding of the CBI that deceased died of accidental death or suicide by jumping before a moving train. The chargsheet filed by the agency has not invoked proper sections, thus we direct the agency to carry further investigations."

The direction was given after Leonard Valdaris, father of the deceased, had moved the High Court asking for proper investigations under serious charges, as the CBI had only filed a chargesheet against the accused under minor charges. Only after the court had pulled up the agency had the CBI filed a chargesheet under various sections of Prevention of Children against sexual Offenses Act.

Initially, the case was registered with the state CID. The high court had then transferred it to the Mumbai Police Crime Branch, which made an officer of the CID the complainant, instead of recording the statements of the victims and registering an offense against the seven policemen accused. Following this, the court transferred the case to the CBI. It had then said "The investigations shows complete insensitivity by the investigating agency in interrogating the accused."

Agnelo and three others were allegedly tortured and sexually abused by the Wadala Railway police station on April 18, 2014. The four boys were picked up by Wadala railway police from their residence on April 15 and April 16, 2014. They were taken to the police station where they were allegedly beaten up and questioned where they had kept a gold chain and a ring suspected to be stolen by them.

As per an alarming statistics---- From 1999 to 2014, a total of 243 custodial deaths have taken place in Maharashtra, but there has not been a single conviction. During the same period, only 13 FIRs have been registered against police officers. As per statistics submitted to the court, in 2014, there were 17 custodial deaths and in 2015, a total of 14 people are alleged to have died in custody.

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