A District Court found Kuldeep Sengar guilty in the high-profile case that sent shock-waves ever sinceit first came to light in April 2018, when the survivor tried to commit self immolation outside UP Chief Minsiter Yogi Adityanath’s home demanding justice. Sengar’s co-accused Shashi Singh was acquitted, giving him benefit of doubt.

The court observed, “Sengar was a powerful person, the victim was a village girl, not from a cosmopolitan educated area which led to delay in filing case. I found her statement truthful, unblemished that she was sexually assaulted and under threat”.

The Court convicted Sengar under section 376 (rape) of the Indian Penal Code as well as section 5(c) of POCSO Act for the offence of public servant committing penetrative sexual assault against a child. Reportedly, Kuldeep Sengar broke down after hearing the verdict in court. The survivor, now aged 19, was a minor at the time of the fateful incident.

The crime was committed in 2017, but Sengar who was only recently expelled by the BJP, used his political might to ensure he escaped justice for as long as he could. He was arrested only in April 2018, days after the survivor threatened to set herself ablaze in from the UP Chief Minister, Yogi Adityanath’s Home in Lucknow. Sengar was a four-time BJP MLA from Bangermaru in UP; he was expelled, a little too late, a year later, in April this year.

Though the crime was committed in UP, the case was transferred to Delhi as per directions of the Supreme Court after the then CJI received a letter from the survivor, a girl who was a minor at the time of the rape, that she was being threatened by Sengar. In fact, the survivor and her lawyer sustained grievous injuries and escaped within an inch of their lives in July this year, when a truck rammed into their vehicle on their way to court. The survivor lost both her aunts in the accident that is being viewed by many as a premeditated attack to silence the survivor for good.

The incident involving the truck once again highlighted the importance of having a strong victim/witness protection programme that needs to be effectively implemented, especially in cases of rape.

After this incident, CRPF security was provided to the survivor and her family members. The survivor’s statement was recorded by a special court in in-camera proceedings while she was recovering in AIIMS, Delhi after having been airlifted from UP. Earier, the survivor’s father died under mysterious circumstances in police custody after being allegedly framed in an illegal arms case. A local court has framed charges of murder against Sengar, his brother Atul and 9 others in this case too.

The proceedings

The proceedings of this case were taking place in-camera i.e. without an audience, in closed court room and during this, thirteen prosecution witnesses and nine defence witnesses were examined; the mother and uncle of the survivor being the key witnesses.

The court had framed charges against the two accused under IPC sections 120B (criminal conspiracy), 363 (kidnapping), 366 (kidnapping or inducing a woman to compel for marriage), 376 (rape) and other relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.

The quantum of the sentence has not yet been decided and the accused will be heard on the quantum on December 19. Both charges under IPC as well as the POCSO Act provide for minimum rigorous imprisonment of 10 years and maximum punishment of life imprisonment as well as fine.

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Tragedy was our focus was never on Unnao because there were not much sensibilities about her but she is a brave woman and must be saluted for persisting the case. And this alone has become her biggest crime.

Her father was tortured in police custody and died. Now her uncles and aunts also met with the same fate. She is also battling for her life in a hospital in Lucknow. The Neta who should have been facing rape charges and behind the bar was let loose by the state and it is not possible if he did not have protection and patronage of the highest order.

He is still in the party. The nation, the party which shouted on the roof top, the chelas who virtually brought India to standstill during the Nirbhaya case, shamelessly remained silent. The women leaders who were so quick on Azam Khan’s abominable statement for which has apologised, have sealed their lips. Does this girl not belong to India. Does she not have a right to live life with dignity.

I know living a life of dignity for her will be very difficult as a nation and a society we are hypocrites. She is fighting despite all odds against her. No civil society, no activists because her story was not suitable for many but the incident two days back in which she and her family were attacked in a planned way is the eye opener.

These are politicians or thugs who are hatching such conspiracies. This is the chilling example of how our netas can do to eliminate you if you come in their way. The whole thing look like thriller from some film.

Who can trust the police given for your security. Now reports are coming that the security given to this brave girl, actually informed the goons of MLA who than planned the attack meticulously. Where are we heading for ? We have not heard much from top leaders of the BJP. They would rubbish it as any other story made to embarrass the government but they will not have the answer as why the MLA was still in the party, why he was not arrested and why the case has not been expedited.

Why the samaj at Unnao or its villages, not standing up with the woman who is seeking justice. Why have we become so dumb ? Will the Rajput Mahasabhas and Karni Senas stand up and speak for the cause of woman seeking justice from their own community neta who tried to kill her and her entire family ?

Vidya Bhushan Rawat is a social activist

Courtesy: Counter Current

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DNA Protest against rape

BJP MLA Kuldeep Singh Sengar is one of the accused in the gang-rape. The father of the gang-rape survivor was allegedly abducted by Sengar’s brother Atul and his aides, at the behest of Sengar, in early April 2018. CBI has listed Yunus as an eyewitness; he had a grocery shop near where the survivor’s father was allegedly tied to a tree and beaten, The Telegraph reported, adding that Sengar allegedly caused the survivor’s father to be implicated in a false illegal arms case. The father was arrested, and on April 8 died in police custody. 

Yunus was quickly buried following his death, and no post-mortem was conducted. A source from the CBI, which is investigating the Unnao case, told The Telegraph that Yunus’s “family members did not inform us about his death. They buried him silently. We need time to take a decision on this development.” Yunus’s neighbours in Unnao’s Makhi told the Times of India that Yunus fell ill on August 18, and passed away while being rushed to the district hospital. However, the DNA reported that, according to villagers in Makhi, Yunus took ill suddenly and died before he could be taken to the hospital. 

The Unnao gang-rape survivor’s uncle has alleged that Sengar is responsible for Yunus’s death. “I am sure Kuldeep is behind his death. I have written to the CBI, the district magistrate and the superintendent of police of Unnao to exhume Khan’s body for a post-mortem,” the uncle said on Wednesday, August 22, The Telegraph reported. Yunus’s “family members have said he fell ill suddenly and died. They hurriedly buried him under pressure from the MLA,” the uncle said. However, Yunus’s wife, Sabina told reporters that he had had a liver infection for four months, and was being treated, and was buried following his death. She said Yunus’s family had no knowledge of the gang-rape survivor’s uncle’s accusations, and that they would not take objection to the body being exhumed, The Telegraph reported. 

The survivor’s uncle has also alleged that Sengar has made moves to impede the case. He said, “While the victim was a minor when she was raped, Kuldeep recently forced the teachers of the school where she studied to change her date of birth to prove that she was an adult at that time. The CBI visited the school recently and recovered the original documents,” the Telegraph reported. The survivor’s family has alleged that Sengar’s aides have threatened witnesses and asked villagers to stay away from the CBI, The New Indian Express reported. 

Both Kuldeep Singh Sengar and his brother Atul are in prison with their aides. The CBI has named Kuldeep and four aides in a chargesheet for alleged kidnapping, inducement and rape. In a separate chargesheet, the brother Atul and his aides have been named for the alleged murder of the survivor’s father. 
 

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