Woman APIs' murder: Cop gets life in jail; body's non-recovery no ground for exoneration, says court

Mumbai: A Maharashtra court here on Monday handed life imprisonment to former policeman Abhay Kurundkar, a President's medal recipient, for the 2016 killing of assistant police inspector Ashwini Bidre-Gore, ruling that non recovery of the victim's dead body is not an "absolute ground to exonerate the offenders".

The court, however, came down heavily on cops for not taking prompt action in the case and said the entire police machinery stood behind Kurundkar and now acquitted accused Dyandev Patil to save them from facing prosecution.

"It is painful that a lady police officer was brutally murdered and her torso and parts of body were in a creek. Despite that police did not step into action to take cognizance of this crime promptly though sufficient evidence was before them," the court held.

It noted that the "lapses and delay" can not be overlooked and directed the Navi Mumbai police commission to take stern action against the erring police officer.

Additional sessions judge (Panvel) K G Paldewar last month convicted Kurundkar for murder and other offences.

His two associates Kundan Bhandari and Mahesh Phalanikar were held guilty for destruction of evidence and given seven year jail sentences.

Ashwini Bidre-Gore (37), an API with the Navi Mumbai police's human rights cell, had gone missing on April 11, 2016. However police registered a case only after three months following a Bombay High Court order.

Special Prosecutor Pradeep Gharat argued that Kurundkar, then a senior police inspector, had political nexus and there was no progress in the inquiry due to his influence.

"Then the brother Anand Bidre and victim's estranged husband Raju Gore filed writ petition before Bombay High Court. Only then police took initiative in the missing report," Gharat submitted.

Police had initially registered a case of abduction against Kurundkar, his driver Bhandari and his friends Dyandev Patil and Mahesh Palnikar after the woman cop went missing. Following investigation, police added the charge of murder to the FIR.

According to police, Kurundkar had an extra-marital relationship with Gore, whom he killed with the help of three others at his house in Mukund Plaza, Bhayandar, near Mumbai.

Her body was chopped into pieces, the parts kept in a refrigerator before they were thrown into Bhayandar creek.

Kurundkar, who received President's medal for meritorious service on Republic Day, 2017. was arrested on December 7, 2017.

Pointing to lapses in investigation as well as the missing person inquiry, the defence said these were "seriously fatal" to the prosecution and the benefit of it should result in the acquittal of the accused.

The prosecution reiterated Kurundkar's political nexus and his influence in the police department.

"Those lapses were intentional. Therefore, it cannot prejudice the prosecution affecting the reliable evidence brought on record," the prosecution submitted.

The court said since the inception of the missing complaint, the family of the deceased "helplessly knocked the doors of the police for justice to a lady who was part of their department as an assistant police inspector".

Then as a last resort, they filed a petition before HC after which police stepped into action.

They were literally begging to find out the missing woman, the court said.

"Further it is noticed the entire police machinery has stood behind the accused Kurundkar and Patil to save them from prosecution. Very few police personnel and the officers have come forward to help the family of Ashwini," the order noted.

The court held that if prompt action was taken at the said time of inception, then there could have been more evidence and a chance of tracing torso and body parts in the creek.

The defence's main argument was that the Ashwini Bidre-Gore had gone for meditation in Himachal Pradesh and Uttarakhand for six months and there "was no casualty to her life as such homicidal death is not established." However the court's order said it is vividly revealed that Ashwini last met the watchman of the society.

"At that time, she was comfortable while sitting in the car. She has not stated to him that she was going for meditation. Further she told her maid to carry out cleanliness on the next day, since one of the keys was retained with the maid," the court said.

If Ashwini really intended to go for meditation for a long duration then she ought to have chosen to inform her maid about it and not have asked her to carry out cleanliness the next day, the court said.

On the contention of the body not being found, the court said the present prosecution is based on circumstantial evidence.

"Ordinarily, the recovery of a body or vital part of it bearing marks of violence, is sufficient proof of homicidal death of the victim. In this case, that death was homicidal in the light of place proved by prosecution from where the torso was thrown by the co-accused," it said.

"The second aspect is the motive of the prime accused. It is established that Kurundkar wanted to get rid of the victim as the woman was constantly insisting on getting married to him. Thus the homicidal death of Ashwini Bidre as well as the motive of the crime are established. The circumstances against the accused pointing towards his guilt are sufficient to establish the offence of murder even in the absence of the dead body," the sessions judge ruled.

The court noted the dead body not being found "is not absolute ground to exonerate the offenders".

It, however, ruled that the case does not fall under the rarest of rare category.