The Central Bureau of Investigation (CBI) told the Bombay High Court that it will charge eight Mumbai police officials under Section 377 (unnatural sex) of the Indian Penal Code in the Agnelo Valdaris case.
The agency, however, said that there was no evidence to slap murder charges on the accused.
Agnelo and three others were picked up by the Wadala Railway Police on charges of robbery on 15 April, 2014. They were allegedly stripped, tortured and even forced to have oral sex with each other over the next three days.
On 18 April, Valdaris died in custody while the others were released on bail on 22 April. After his death, the Wadala police claimed that Agnelo died while trying to escape from custody and was run over by a train.
Advocate HS Venegaonkar, representing CBI, said, “The CBI stated in their report that charges of murder couldn’t be established against the accused policemen and they were going to file the final chargesheet in the case.”
He added that the next hearing for the case has been scheduled for March 9.
Before his death, Valdaris had informed his brother that he was beaten throughout the night and asked him to get Glucon D and some clothes to the police station.
Earlier in December, the Bombay High Court had directed the CBI to carry out a further probe and to file supplementary chargesheet.
Petitioner’s counsel Yug Chaudhary had argued that CBI has failed to consider material evidence which clearly points out to offence under IPC section 377 (unnatural sex).
The bench, after perusing the witness statements, postmortem report and doctor’s report, observed that Agnelo had not suffered an accidental death.
“There is prima facie material against the police officials, which discloses commission of offence under IPC sections 302 (murder), 304 (II) (culpable homicide) and 377 of the Indian Penal Code. We also find that the CBI in its chargesheet has not invoked proper charges. We therefore direct CBI to carry out a further probe in the case and file supplementary chargesheet,” it said.
The bench directed the agency to complete the probe and file the chargesheet within eight weeks.