SUO MOTO COGNIZANCE OF UNNAO RAPE CASE BY SUPREME COURT
On 31ST July 2019 Supreme Court took suo moto cognizance of the Unnao rape case. In 2017 this case was filed against Kuldeep Singh Sengar in Unnao district, Uttar Pradesh. In 2017, the victim reached the Sengar’s for seeking some assistance in finding her a job. But it was alleged by her that she was raped by him in the MLA’s house.
Kuldeep Singh Sengar is the four-time MLA from Uttar Pradesh from BJP party. The matter has been in the Lucknow district court from 2018. During the time period the girl’s relatives were being harassed by the police. It was contented by the police that they had provided false information in their FIR. Moreover, they had furnished false documents to prove the victim as a minor at the time of offence. It is because if the victim would be a minor at the time of offence, the rape would be considered the Protection of Child from Sexual Offences (POCSO) Act, 2012.
This case took a drastic turn when the victim’s car met with an accident with a truck. Though it is seen as an accident but it has been contented that the accident was planned. The evidences of the accident like the improper number plate of the truck shows that there is some conspiracy behind the accident. The driver has been taken into the custody by the CBI. In the accident two female relatives of the victim were dead and the victim and her advocate are in critical conditions. The other noticeable incident is the custodial death of the victim’s father which raises questions on the administration. The BLP MLA Sengar has been booked for attempt to murder, criminal conspiracy and criminal intimidation. CBI has taken custody of the Sengar & questioned him for 6 consecutive hours.
Kuldeep Singh Sengar has been expelled from the BJP party. This belated act of the Yogi Adityanath Government was censured by the Congress leader Rahul Gandhi and Priyanka Vadra. Moreover the Delhi Women Commission has also censured the aloofness of the UP police and the ‘Gundaraj’ of the BJP government.
On 31st July, the Supreme Court took the cognizance of the case through a letter which was written by the victim’s uncle to the CJI Ranjan Gogoi. But questions were raised upon the delayed cognizance of the letter by the Supreme Court. Secretary General of the Supreme Court stated that the delay was not deliberate. The letter was under the screening as per the procedure. As per the court’s directions the victim and his advocate can be shifted to the Delhi assuring no medical impediments to survivors. A compensation of 25 lakh Rs. has been given to the victim by the Lucknow District Court, but the amicus curiae V Giri has stated that the incident is highly exemplary so the exemplary compensation should be given to the victim and her family. Observing the circumstances of the victim and situation of the case the Supreme Court has given a week’s time to the CBI to complete their investigation and submit their observations. CBI has rushed to the KGMU Lucknow where the victim and her advocate is being treated and Sitarpur prison where the Kuldeep Singh Sengar is being lodged.
On 4th August, the matter was heard in the Tis Hazari district court and it was ordered that the Kuldeep Singh Sengar has to appear on 5th August and other accused on 6th August. Furthermore, all the licenses of Kuldeep Singh Sengar to carry arms have been cancelled.
These belated actions towards the victim do not serve a good picture of the administration of the UP government and shows the loopholes in the contemporary justice system.
Submitted by:
Harsh Vardhan Gupta Reporter INBA