The Bombay High Court on Wednesday questioned whether the death of a man accused of having sexually abused two minor girls in Badlapur near Mumbai, allegedly in an exchange of fire with the police, could be termed as an “encounter”, Bar and Bench reported.

The man, Akshay Shinde, had allegedly sexually abused the minors on August 12 in their school in Badlapur, where he worked as a janitor. Four days later, one of the children reported the incident to her parents who approached the police. Shinde was arrested on August 17.

On Monday, Shinde was being taken to Thane in connection with a separate case of sexual assault filed by his second wife in 2022. The police claimed that he snatched a police weapon and fired at security personnel while he was being taken to the Thane Crime Branch office from the Taloja Jail in Navi Mumbai.

He injured a police officer and was shot in retaliatory firing, according to the authorities. Following this, Shinde’s father, Anna Shinde, filed a petition in the High Court seeking a probe by a Special Investigation Team into his son’s death while in police custody.

On Wednesday, a bench of Justices Revati Mohite Dere and Prithviraj Chavan, while hearing the petition, questioned the claim made by the police that Akshay Shinde had snatched an officer’s weapon, according to Bar and Bench.

The court also asked why Shinde was shot in the head, and not on his hands or legs first, PTI reported. “How could we believe that the police, who were trained in firing, couldn’t overpower the accused?” it asked.

Noting that the officers could have overpowered Shinde, the court said that the claim made by the police that the incident was an “encounter” appeared to be dubious.

“The moment he [Shinde] pulled the first trigger, the others could have easily overpowered him,” the court said, the Hindustan Times reported. “He wasn’t a huge built-up or strong man. This is very difficult to accept. This cannot be termed as an encounter.”

The court also said that it was up to the police to verify whether Shinde had used a pistol in the past. It was not very easy to unlock and open fire from a pistol, it added, according to PTI.

At the hearing, Anna Shinde, represented by advocate Amit Katarnaware, sought the registration of a first information report against the police officers in connection with the incident, Bar and Bench reported. It also asked the court to ensure that the CCTV footage related to the matter was preserved.

“The investigation has to be done fairly and impartially,” the court said. “If we find that this is not done, then we would be constrained to pass appropriate orders.”

The bench also said that the documents related to the incident should be immediately handed over to the state’s Crime Investigation Department. The state government on Tuesday said the department would be conducting an investigation into Shinde’s death, PTI reported.

“Why are the files not handed over to the CID yet?” the court asked on Wednesday. “Preservation of evidence is vital. Any delay on your part would raise doubts and speculations.”

It listed the matter for further hearing on October 3.