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Unnao Rape Case: Allahabad HC Orders Immediate

Arrest Of BJP MLA Kuldeep Singh Sengar And


Other Accused Order...
The approach of the learned Advocate General not only
exudes an unpleasant flavour, but raises doubts about
the bona fides of the police authorities at the highest
level, said the Bench.
Allahabad High Court has ordered the arrest of BJP law
maker Kuldeep Singh Sengar and other accused involved
in the Unnao Rape Case.

“We, in the circumstances, are inclined to direct the


Investigating Agency to cause arrest of the accused
named in First Information Report No. 0096 dated
12.04.2018 forthwith”.

“The Investigating Officer/CBI, as the case may be, shall


arrest Kuldeep Singh and the other accused in FIR No.
0096 registered on 12.04.2018 for the offences
punishable under Sections 363, 366, 376, 506 of IPC and
Sections 3 and 4 of POCSO Act forthwith and carry out
further investigation within the time stipulated under the
provisions of CrPC”,
directed the Division bench of Justices Chief Justice Dilip
Bhosale and Suneet Kumar while hearing a suo motu
petition.
The Bench comprising Chief Justice D.B. Bhosle and
Justice Suneet Kumar took cognizance of a letter written
to it by Senior Advocate Gopal S. Chaturvedi detailing the
incident.
The case concerns the alleged involvement of MLA
Kuldeep Singh Sengar in the rape of an 18-year-old girl.
The survivor had tried to immolate herself outside the
Chief Minister’s house just a day before her 50-year-old
father passed away.
The father was in police custody in Unnao right before he
died, prompting the girl to charge that he was killed
inside the district jail at the behest of the BJP MLA.
The post-mortem reportedly suggested that he died due
to shock and septicemia as “all the ante-mortem injuries
on the victim’s body were fatal”.
Slamming the Government the Bench said “The
disturbing feature of the case is that the law and order
machinery and the government officials were directly in
league and under the influence of Kuldeep Singh.
The Doctor did not examine the prosecutrix, nor did the
Circle Officer, Shafipur, register the crime, though hand
written complaint of the prosecutrix was sent from the
office of the Chief Minister.

On petty offence, father of prosecutrix was beaten up by


the brother, and the goons of Kuldeep Singh and was
arrested and in the custody was beaten mercilessly.

It further appears that false cases were lodged against


the family members. Finally, father of the prosecutrix
succumbed to injuries.

The prosecutrix unable to face the pressures exercised


upon her by Kuldeep Singh, who was having the backing
of the law and order machinery of district Unnao,
attempted to immolate herself to draw the attention of
the society that she needs help and protection of the
custodians of law, which was put to the winds at the
behest of the accused Kuldeep Singh.
We are constrained to record the approach
and attitude of the learned Advocate General,
during the course of hearing, in contending
that no accused person, including Kuldeep
Singh, can be arrested without the
Investigating Officer following the procedure
prescribed under CrPC and collecting evidence
in support of the allegation of rape. ...

It is sought to be urged that the FIR has been


registered by the police against Kuldeep
Singh on 12 April 2018 and that the
Investigating Officer after recording
statement of witnesses, including the
accused, and the prosecutrix under Section
161 CrPC would proceed, and on credible
evidence, the accused may be arrested but as
on date, he submits that the accused Kuldeep
Singh would not be arrested on merely
registering of the FIR.

The approach of the learned Advocate


General is not only appalling but shocks the
conscience of the Court in the backdrop of the
instant case.

The prosecutrix and her family members have been


running from post to pillar but her complaint was not
registered, despite approaching the Chief Minister.
The influence of the accused Kuldeep Singh in the
district police administration is such that the Circle
Officer also declined to lodge the report on the
complaint duly forwarded by the office of the Chief
Minister.
The Medical Officer declined to examine the prosecutrix,
mandatorily required, where a woman alleges rape. Even
the procedure for taking down the FIR/Crime 0316 dated
20.06.2017 under the provisions of CrPC was not
followed.
The complaint was not reduced to writing by a female
police personnel and video graphed. False cases were
lodged against the Chacha of the prosecutrix and on
petty offence father was arrested and brutally assaulted.
The Chief Medical Officer furnished fitness certificate
and sent the father to jail where he succumbed to
injuries.
The accused Kuldeep Singh from the narration of facts in
the report of ADG dated 11 April 2018, taken on face
value, clearly reflects that the accused has been using his
office and influence with impunity to tamper evidence
and witnesses, further, has exercised undue influence
with law and order machinery to manipulate and coerce
the family members of the prosecutrix and brutally
assaulted her father.
In the backdrop of the facts noted by the SIT, learned
Advocate General on repeated query vehemently and
categorically stated that the Investigating Officer will not
arrest the accused Kuldeep Singh until statements under
Section 161/164 CrPC are recorded and in the opinion of
the Investigating Officer the accused is, prima facie,
involved in the commission of the crime.
The approach of the learned Advocate General not only
exudes an unpleasant flavour, but raises doubts about
the bona fides of the police authorities at the highest
level.
We are unable to persuade ourselves in accepting the
contention of learned Advocate General that the accused
in the circumstances cannot be arrested. In our opinion,
arrest of the accused in the present case is necessarily
required to safeguard the majesty of law and the dignity
of the prosecutrix and to instill confidence that free and
fair investigation shall be undertaken by the Investigating
agency.
Directions issued by the Court (1) The Investigating
Officer/CBI, as the case may be, shall arrest Kuldeep
Singh and the other accused in FIR No. 0096 registered
on 12.04.2018 for the offences punishable under
Sections 363, 366, 376, 506 of IPC and Sections 3 and 4 of
POCSO Act forthwith and carry out further investigation
within the time stipulated under the provisions of CrPC.
The IO is directed to comply with this direction as long as
he continues to be an IO and also till the investigation is
taken over by the CBI.
It is needless to mention that if the CBI, before
compliance of this direction by the IO, takes over the
investigation of crime, shall arrest Kuldeep Singh and the
other accused forthwith and carry out further
investigation within the time stipulated under the
provisions of CrPC. (2) The CBI is directed to carry out
further investigation/re-open the investigation of the
crime, bearing Case Crime No. 0316 registered on 20
June 2017 for the offences under Sections 363, 366, 376-
D of IPC and Sections 3 and 4 of POCSO Act alongwith
other three crimes being Nos. 0089 of 2018, 0090 of
2018 and 0096 of 2018 and take it to its logical end
within the prescribed time.

(3) The IO/CBI shall follow the procedure strictly as laid


down under the provisions of CrPC, for investigating the
offences under Sections 376/376-D of IPC and the
provisions of POCSO Act, in particular....
(4) The CBI may also consider whether cancellation of
bail of all the accused in Crime No. 0316 of 2017 is
necessary for carrying out free and fair further
investigation....
(5) The IO/CBI shall place before this Court the status
report on 02.05.2018 in the morning at 10.00 a.m. The
office is directed to place this matter first on board on
the next date of listing. ...

**********************************************
***** April 13, 2018
Unnao Rape: Allahabad HC orders arrest of Kuldeep
Sengar, hands investigation to CBI
NOIDA
The Allahabad High Court today directed the arrest of BJP
MLA Kuldeep Singh Sengar, one of the accused in the
Unnao rape case that has shocked the country’s
conscience.
A Bench of Chief Justice DB Bhosale and Justice Suneet
Kumar has also called for the transfer of the investigation
of the case to the Central Bureau of Investigation (CBI).

The Court made these directions after agreeing to take


up the matter suo motu in a PIL filed by Senior Advocate
Gopal Chaturvedi. On Wednesday, the Court had passed
an order directing Advocate General for Uttar Pradesh
Raghvendra Singh to appear in person. Chaturvedi was
requested to assist the Court as Amicus Curiae.

In its order, the Court puts forth the chain of events


emanating from the rape of the prosecutrix, which took
place between June 11-20, 2017. The prosecutrix was
then sold for Rs. 60,000, after which she was recovered
at the Maakhi police station. All this while, she was
continuously threatened and warned by the police
officials to speak as instructed, failing which her father
would be killed, as has been directed by Sengar.
Though an FIR was filed on June 20 naming the accused,
the police did not include the name of Sengar, who was
shown to wield considerable influence over police
authorities and doctors in Unnao. The doctor in charge
even refused to perform a medical examination on the
rape victim.

The prosecutrix had even approached Uttar Pradesh


Chief Minister Yogi Adityanath with her grievances, and
the complaint was forwarded to the Superintendent of
Police, Unnao.

After running from pillar to post for justice, an FIR finally


came to be recorded Sections 363, 366, 376, 506 IPC and
3/4 of the POCSO Act against Sengar on April 12 this
year.

But this was only after the tragedy escalated enough to


draw the nation’s attention to it. Several false cases had
been lodged against the prosecutrix’s father and other
family members at the behest of Kuldeep Sengar. Her
father was brutally assaulted by Atul Sengar, the MLA’s
brother, and succumbed to his injuries on April 9.

Other cases pending against Kuldeep Singh Sengar are


Section 171 IPC (Wearing garb or carrying token used by
public servant with fraudulent intent), Section 188 IPC
(Disobedience to order duly promulgated by public
servant), Section 353 IPC ( Assault or criminal force to
deter public servant from discharge of his duty) and
many more. (Source: Election Affidavit)
Arguing before the Court, Advocate General Raghvendra
Singh submitted that no person could be arrested after
mere registration of an FIR against him. The Court did not
take too kindly to this submission, stating,

“The approach of the learned Advocate General is not


only appalling but shocks the conscience of the Court in
the backdrop of the instant case.”
Singh came under flak, with the Court observing,

“The approach of the learned Advocate General not only


exudes an unpleasant flavour, but raises doubts about
the bona fides of the police authorities at the highest
level. We are unable to persuade ourselves in accepting
the contention of learned Advocate General that the
accused in the circumstances cannot be arrested.

In our opinion, arrest of the accused in the present case


is necessarily required to safeguard the majesty of law
and the dignity of the prosecutrix and to instill
confidence that free and fair investigation shall be
undertaken by the Investigating agency.”
While noting that courts should not ordinarily interfere in
the investigation of cases, the Bench relied on Supreme
Court judgments to hold that it could do in grave
offences like murder, dacoity, robbery, rape etc., in order
to bring the movements of the accused under restraint
to infuse confidence among the terror-stricken victims.

Therefore, the Court ordered the arrest of Sengar, and


directed that the investigation of the case be handed
over to the CBI. It has also asked the CBI to look into
whether the bail granted to the accomplices of Sengar
could be cancelled with a view to conducting a free and
fair investigation.

The Court has also asked for a status report to be


submitted before it on May 2, at 10 am.