The Delhi High Court on Wednesday dismissed a plea by an Uttar Pradesh constable challenging the charges against him in the murder case of the Unnao rape complainant’s father, PTI reported. Last month, a court in Delhi had framed murder charges against expelled Bharatiya Janata Party leader Kuldeep Singh Sengar and nine others in connection with the death of the father. The woman’s father died in judicial custody on April 9, 2018.
Constable Amir Khan alleged that the August 13 order of a trial court judge was “illegal, improper, prejudicial and against established principles of criminal procedure code”.
Justice Suresh Kumar Kait dismissed Khan’s plea. The detailed order of the Delhi High Court is awaited.
Khan’s plea filed through advocate Arun Khatri said: “The trial judge in the impugned proceedings order and charges framed admitted that there is no role of the petitioner in the conspiracy of assaulting/ beatings to the survivor’s father. Thus, making the police officials including petitioner [Khan] liable for murder is untenable illegal.”
Khatri argued that Khan’s role in the case was confined to filing the first information report and that he signed the memo of recovery of weapon.
The court had also cancelled the bail of three Uttar Pradesh police officials – then Makhi police station’s in-charge Ashok Singh Bhadauria, Sub Inspector Kamta Prasad and Khan – accused in the case, and sent them into custody after the murder charges were framed against them.
However, the accused have denied the charges.
The rape complainant’s father died while in judicial custody for alleged possession of illegal arms, days after she complained about the alleged rape by Sengar. The 10 accused, including Sengar, were charged with under Sections 302 (murder), 506 (criminal intimidation), 341 (wrongful restraint), 120B (criminal conspiracy) and 193 (false evidence) of the Indian Penal Code and under Section 25 of the Arms Act.
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