The complainant in the 2017 Unnao gangrape case, in which expelled Bharatiya Janata Party leader Kuldeep Sengar was convicted, has moved a Delhi court, alleging harassment by her personal security officers who were deputed on the directions of the Supreme Court, The Indian Express reported on Sunday.
The court has directed the Central Bureau of Investigation to submit an impact assessment report with the help of the local police on the allegations.
In December 2019, Sengar was convicted of rape under the Indian Penal Code and the Protection of Children from Sexual Offences Act for offence by a public servant committing penetrative sexual assault against a child. Sengar had kidnapped the woman and raped her when she was a minor.
During the hearing, District and Sessions Judge Dharmesh Sharma also said that the police have submitted a sealed envelope in which certain allegations were levelled against the woman and her family members. “It is directed that this application be taken up for consideration,” the judge said.
In its petition, the woman’s lawyer said that the security officers were “vindictive” to the woman and her family members.
“In the name of security, concerned police/security officials are bent on curtailing the movements/ personal liberty of the victim due to reasons best known to them, to such an extent that she is not even allowed to meet her counsel and to come to the court,” the application stated.
Her lawyers argued that because of the alleged harassment the woman was not able to pursue her case effectively in a democratic way against the officers, “who are bent on ruining the life of her family members”.
In March 2020, Sengar was also convicted of culpable homicide not amounting to murder for the death of the father of the woman. The woman’s father was arrested in an illegal arms case, in which he was later found to have been framed, in April 2018.
He died in judicial custody in Unnao on April 9, a day after his daughter tried to commit suicide outside Uttar Pradesh Chief Minister Adityanath’s house as no action had been taken against Sengar. A few days later, a murder case was filed against Sengar, his brother and nine others.
Court upholds CBI’s report on woman’s car accident
Meanwhile, the court also upheld the CBI’s report ruling out foul play and conspiracy in the woman’s car accident in 2019, reported Live Law on Sunday.
“There are no grounds to suggest that investigation conducted by the CBI has been perfunctory, ill-motivated, or unsubstantiated in any manner,” Sharma said.
The woman was involved in a car crash in July 2019 in which two of her relatives – one of them an important witness in the rape case – were killed. The complainant and her lawyer were also severely injured, and the family had alleged Sengar was behind the car crash.
During the hearing, the court clarified that the ruling did not mean that Sengar has been given a clean chit in the case.
“Lastly, this court is not tying the hands of the CBI to conduct further investigation, and in case they come across any incriminating material linking the accused party with any kind of criminal conspiracy to murder or attempt to murder any member of the complainant party,” it said.
Refusing to take cognisance against Sengar on the matter, the court directed that charges be framed against the truck driver involved in the case. The court directed the driver be booked under sections 304-A (causing death by negligence), 338 (causing grievous hurt by act endangering life or personal safety of others) read with Section 279 (rash driving on a public way) of the Indian Penal Code.
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