UNNAO RAPE CASE

 

WHAT IS UNNAO RAPE CASE?

The case[1] came in light last Sunday when the victim and her family attempted to immolate her outside Chief Minister Yogi Adityanath home, alleging police inaction against the accused. The family asserted that the lady was assaulted by the MLA and his accomplices a year ago. The kin included that the family was thrashed after a complaint was recorded with the police about the incident.

The Unnao rape case alludes to the gang rape of a 17-year-old girl on 4 June 2017. Two separate chargesheet has been filed for the situation up until this point. The first charge sheet was documented by the Central Bureau of Investigation on 11 July 2018, naming Kuldeep Singh Sengar, a Bhartiya Janata Party Member of the Legislative Assembly from Uttar Pradesh, like a blamed in the alleged rape for a 17-year-old girl. The second charge sheet was recorded on 13 July 2018 and named Kuldeep Singh Sengar and his sibling, three police officers and five other individuals for allegedly framing the Unnao assault survivor's father.

The assault survivor attempted to kill herself in front of the residence of Yogi Adityanath, the Chief Minister of Uttar Pradesh, on 8 April 2018. Her father died in judicial custody after that. These occurrences prompted the rape is generally announced in the national media in April 2018.

 

INCIDENT THAT TOOK PLACE IN 2017:

The rape victim expressed that she was baited by a lady named Shashi Singh, Shashi Singh's son Shubham Singh, and Nidhi Singh (Shashi Singh's little girl) to move to Kanpur, under the pretext of giving her work. On the night of 11 June 2017, she went with Shubham Singh and after that, she was allegedly raped on various occasions by him and his driver Awdhesh Tiwari. She was later raped by unknown individuals and purportedly offered to Brajesh Yadav for 60,000rs.

 A First Information Report (FIR) was filed under section 363 and 366 of Indian Penal Code (IPC) on 20 June 2017 against Shubham Singh and Awdhesh Tiwari. A day later, Uttar Pradesh Police followed her down and recuperated her from a town in Auraiya. She was sent for a medical examination around the same time. On 22 June 2017, she recorded her statement before a Judicial Magistrate under Section 164 of Code of Criminal Procedure (CrPC)[2] in which she portrayed her difficulty and named Shubham Singh, Awdhesh Tiwari, Brajesh Yadav and other unknown persons for abduction and gang rape. A subsequent FIR was enlisted later under the Protection of Children from Sexual Offenses Act (POCSO) and all the accused were sent to prison.

 

INCIDENTS THAT HAPPENED AFTER THE ALLEGED RAPE CASE IN 2017[3]:

June 4, 2017: Rape victim alleges that she was assaulted in the place of BJP MLA Kuldeep Sengar. The girl said she had gone to meet him with a neighbor to look for his assistance in getting employment.

June 11, 2017: The girl disappears. Her family complained to the police.

June 20, 2017: She is recuperated from a town in Auraiya and brought to Unnao the following day.

June 22, 2017: She is produced by the police before the court and her statement is recorded under Section 164 of CrPC. She affirms the police did not enable her to name the MLA in her announcement.

July 3, 2017: She is given over to her family after 10 days. She leaves for Delhi asserting police harassment. She begins sending complaints to the CM's office and senior police officers looking for registration of the complaint of the rape case against the MLA and his sibling Atul Singh.

 

February 24, 2018: The girl's mom moves the court of chief judicial magistrate (CJM), Unnao, looking for registration of FIR under Section 156 (3) of CrPC.

April 3, 2018: Court hears the mother's request. The girl's father comes down to Unnao with family for hearing of the case. A similar night, he is purportedly ambushed by Atul Singh and his helpers in Makhi. The man is given over to the police, which lodge a case under Section 25 (illegal possession of a gun).

April 5, 2018: The girl's father is sent to imprison after medical examination at the local medical clinic. The girl's father alleges he was framed and beaten up by the MLA’s brother. On his complaint no action was taken.

April 8, 2018: The young lady attempts killing herself at the CM's residence in Lucknow, requesting FIR against the MLA.

April 9, 2018: The girl’s father dies at the district hospital hours after he is moved from district jail. Six police officers are suspended, authoritative tests requested.

 

SUPREME COURT ON UNNAO RAPE CASE:

The Supreme Court took Suo Moto Cognizance[4] of the case on 31^st July, 2019 through the letter written by the victim and her family written to the Chief Justice of India telling about the threats they were receiving.

The Supreme Court on Thursday appointed Dharmesh Sharma, District Judge, West, and Tis Hazari Courts, Delhi to hold the trial in four cases related to Unnao rape.

The CJI-led bench transferred the case to CBI Court Delhi to avoid tampering of the evidence in the suo moto proceedings based on the letter by family of Unnao rape survivor seeking protection from intimidation by accused.

The court has asked the CBI to complete probe in the road crash case within two weeks. The UP Government has been ordered to give Rs. 25 lakhs compensation to the survivor. The survivor, her family and her lawyer should be provided CRPF security.

 

CONCLUSION:

After 2 years and 35 complaints later finally the court took notice of the Unnao rape case. The CJI expressed anguish at the Unnao rape tragedy and has asked the registry to as to why the letter complaining of criminal intimidation at the instance of the accused and praying for protective measures came to him only post the accident on Sunday. Finally the victim got the compensation and security after the court took suo moto cognizance of the case and also asked the CBI to complete the investigation of the case in 7 days.