Ashwini Bidre murder case:Ex-cop Abhay Kurundkar gets life term
NAVI MUMBAI: Former senor police inspector Abhay Shamsundar Kurundkar has been sentenced to life imprisonment for the murder of assistant police inspector Ashwini Bidre nine years ago. The sentence was pronounced by the Panvel Sessions Court in a 410-page order on Monday.
Kurundkar, who was posted in Thane when he murdered and dismembered Bidre's body before disposing of it in the Vasai creek, was in a relationship with Bidre at the time. She was posted with the Navi Mumbai police when she was kidnapped and killed.
The court on Monday also directed the Navi Mumbai police commissioner to investigate the 'deliberate lapses' by police personnel during the investigation of the initial complaint reporting the victim missing as well as the investigation into the murder.
Two other accused in the case, Kundan Bhandari and Mahesh Phalnikar, who helped Kurundkar dispose of Bidre's body, were sentenced to seven years' imprisonment. They were ordered to be released immediately as they had completed their prison term while in custody.
Additional sessions judge KG Paldewar on Monday described the case as a 'daunting task' for the prosecution, defence and the judiciary. The court acknowledged the brutal nature of the crime but said it did not meet the criteria laid down by the Supreme Court for 'rarest of rare' cases, which can attract the death penalty.
'The murder was certainly brutal but not exceptional enough to warrant the death penalty. The court must also consider the accused's age and potential for reformation. Hence, the accused is sentenced to life imprisonment,' the judge declared to a packed courtroom.
The court said the prosecution had established that the accused, a former senior police inspector, had meticulously planned and executed the crime. Kurundkar and Bidre were in a relationship when he kidnapped, murdered and dismembered Bidre's body and disposed of the remains in the Vasai creek. The remains have never been found.
On April 11, Kurundkar was convicted under Section 302 (murder) of the Indian Penal Code. Along with the co-accused, Bhandari and Phalnikar, he was also found guilty of causing the disappearance of evidence and sentenced to seven years' rigorous imprisonment. All sentences will run concurrently.
Kurundkar has also been convicted for offences punishable under Section 364 (kidnapping), 506 (II) (criminal intimidation), 417 (cheating), 465 (forgery), 468 (forgery with intention of cheating), 471 (use of forged documents or electronic record as genuine), and 218 (public servants intentionally framing incorrect record) of the Indian Penal Code.
The court has granted Kurundkar the benefit of set-off for the period during which he was in custody, from December 7, 2017, when he was arrested.
The trial was conducted in the absence of the victim's body, relying on the doctrine of corpus delicti. The case started with a missing persons report filed on July 14, 2016. A writ petition followed in October 2016, leading to the registration of a criminal case on January 31, 2017.
The court expressed serious concern over procedural lapses by the police officers responsible for an inquiry into the missing person's report and subsequent investigation. These were deemed 'intentional' and have been brought to the notice of the Navi Mumbai police commissioner for action.
Further, the court addressed a grievance raised by Ashwini Bidre's former husband, Raju Gore, against then police commissioner Hemant Nagrale and another police officer, Tushar Doshi. The court directed the incumbent police commissioner to hear Gore regarding his allegations against the two officers.
In a twist to the case, Kurundkar was awarded the President's Medal for Gallantry in 2017, the year he was charged with the crime. Additional sessions judge KG Paldewar on Monday expressed surprise over his nomination for the President's Medal. Calling it 'astonishing', he ordered an inquiry into how such a recommendation was made despite the gravity of the allegations against Kurundkar.
In keeping with a statement from Bidre's family, that they did not want any compensation from the accused but would rather receive the salary of the deceased till her retirement, for her daughter's education, court made a recommendation to the Raigad district legal services authority.
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