The CBI on Thursday told the Bombay High Court that there was no evidence to make out an offence of murder against eight railway police officials accused of torturing a 25-year-old man in custody in 2014.
The agency told a division bench of justices B P Dharmadhikari and Sadhana Jadhav that while the eight policemen did torture the man in jail, both physically and sexually, he died after being knocked down by a train while trying to escape from custody.
The court was hearing a plea filed by Angelo Valdaris, the victims father, seeking that the accused be booked under section 302 (murder) of the Indian Penal Code (IPC).
Presently, the eight accused are booked under sections 338 (causing grievous hurt or endangering the life of another person) and 377 (unnatural sex) of the IPC.
Valdaris was arrested by the railway police for a petty theft. He was found dead on the railway tracks in April 2014.
According to Valdaris' family, he and his three friends were picked up by Wadala Railway Police for in connection with a robbery case. They were subjected to torture and even forced to perform unnatural sex with each other.
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Valdaris died due to the torture, the family has alleged.
The police, however, claim that Valdaris died after being hit by a train when he was fleeing from custody.
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