The horrific rape case of the woman who was allegedly kidnapped and raped by former BJP MLA Sengar and his co-consiprators Shashi Singh has been long pending in the court since 2017. At the time of the allege kidnapping and rape, the victim girl was a minor. Post the allegations the BJP MLA was expelled by the party after massive public outrage in the gruesome case of kidnapping and rape. In the said rape case, Mr. Sengar, who used to represent the Bangermau in the Uttar Pradesh assembly, was arrested on April 13 last year.
The unfortunate accident of the Unnao survivor’s family.
Recently, the 19 year-old survivor in the Unnao rape case, her two aunts and the lawyer was hit by an overspeeding truck in Rae Bareli. Two of her aunts were killed in the unfortunate accident and the advocate and the survivor critically injured. One day after a FIR was filed a day after again a four-time BJP MLA from UP’s Bangermau, Sengar. He was also an accused in the rape case and was arrested last year in April. There was serious condemnation of the accident alleging that it was ‘staged’ and the attempt was to kill the rape survivor and supress her voice, which is crucial in the determination of the case or seeking a brief adjournment. It was seen that at the time of the said incident, the security personnel of CRPF provided to the rape survivor, as per the order of the apex court, was not accompanying the survivor and his family. It became difficult to identify the truck which caused the accident because the registration power was covered with grease.
FIR against Sengar for the accident.
A day after the uncalled incident, an FIR has been registered under the various provisions of the Indian Penal Code. It included charges of murder under section 302, attempt to murder under Section 307, criminal intimidation under Section 506, criminal conspiracy under Section 120b against 10 unidentified persons which included Sengar, the BJP MLA and his brothers by the names Manoj Singh Sengar, Vinod Mishra, Haripal Singh, Naveen Singh, Komal Singh, Arun Singh, Gyandendra Singh, Rinku Singh and Awadhesh Singh. The FIR was registered at the Gurubuxganj police station in Raebareli. The complaint leading to the FIR was made by the uncle of the survivor by the name Mahesh Singh, who is lodged in the Raebareli Jail. He clearly alleged the BJP MLA involved in the car hit. The mother and uncle of the girl survivor have called it an attempt to eliminate all of the family.
In-Camera Proceedings at AIIMS for Unnao Survivor: Delhi High Court
Post the accident, Delhi Court ordered the recording of statement of the survivor at AIIMS. Following the said direction, District Judge Durgesh Sharma arrived at the AIIMS hospital to hold ‘in-camera’ proceedings, not open to the public and the press. This was done when it was earlier observed that it was ‘not-advisable’ to bring the survivor in the court premises, given the previously suffered causalities. Along with the survivor, the chief accused BJP MLA Kuldeep Singh Sengar was also taken to AIIMS for the hearing. District Judge Durgesh Sharma directed for setting up a temporary court at the Jai Prakarsh Narayan Apex Trauma Centre at AIIMS, as per the direction of the HC, considering the girl-survivor is admitted there.
UP Government orders CBI Investigation; Murder charges against Sengar dropped.
Despite the remarks of the Director General of Police O.P. Singh that the case is prima facie that of an accident as the truck was clearly over speeding and it was heavily raining, they have preferred an independent probe in the case because of the history of the family involved in the accident. Therefore, for a detailed and unbiased probe in the matter, the Uttar Pradesh government preferred a probe by the Central Bureau of Investigation [CBI].
The initial FIR by the Central Bureau of Investigation, it had booked former BJP MLA Sengar and nine of his other companions for alleged offence of criminal conspiracy, murder, attempt to murder and criminal intimidation. However, after the investigation by the CBI, all murder charges against the expelled BJP MLA, Kuldeep Singh Sengar and his associated were dropped. The charges against Sengar and his associated that sustained in a charge sheet filed in Lucknow before a special CBI court related to criminal conspiracy and criminal intimidation
There is another ongoing case of assault and murder of the Unnao rape survivor’s father in Judicial Custody last year. After the complaint of rape, the survivor’s father was arrested in a case by the police under the Arms Act and suspiciously died in judicial custody six days after. This called in for suspicion of murder of the survior’s father and a case was filed in the court.
Case to be heard for cognizance on October 19 by Judge Dharmesh Sharma
The recent development in the accident case suggests that on October 14, a Delhi court on said it would consider on the matter of taking cognizance of the charge sheet filed by the CBI on October 19.The charge sheet on which decision will be passed in October 19 was originally filed before a Lucknow court on October 11, was sent to the court of District Judge Dharmesh Sharma on Monday. Thereafter, all the five related cases in the Unnao rape survivor case has been transferred from Uttar Pradesh to Delhi following an order of the Supreme Court to a special court set up.
In the initial charge-sheet, the truck driver by the name Ashish Kumar Pal has been charged under various provisions of the Indian Penal Code [IPC] relating to causing death by negligence, causing grievous hurt by act endangering life or personal safety of others and rash driving or riding on a public way. He has not been named for the offence of criminal conspiracy, as per the charge sheet by the CBI.