A Delhi Court recently upheld the CBI's investigation which ruled out foul play in Unnao rape survivor car accident case. District & Sessions Judge Dharmesh Sharma prima facie noted that all the relevant aspects of the incident were thoroughly inquired, scanned, and investigated by the CBI. The Court observed that the findings appear to conform to common sense, logic, and fair play. The Court has refused to take cognizance against former BJP MLA Kuldeep Singh Sengar in the case.
The Court clarified that the said observations are not meant for certificating the CBI investigation and is neither giving it a clean sheet. There is no gainsaying that many aspects of the investigation shall be tested during the trial. 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, the Court remarked.
Refusing to take cognizance against former BJP MLA Kuldeep Singh Sengar, who is sentenced to life imprisonment for the rape of the Unnao woman, and his aides, under Section 302 (Murder) and 307 (Attempt to Murder) of the Indian Penal Code (IPC), the Court concluded that there are no grounds to suspect the fidelity, accuracy, and sincerity of the investigation conducted by the CBI.
The Court framed charges against the truck driver for causing death by negligence under Section 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 IPC.
Kuldeep Sengar, and his associates were charged for criminal intimidation under Section 120B (criminal conspiracy) read with Section 506 Part-II (threat to cause death or grievous hurt) IPC.
The Court strongly remarked on the initial investigation done by Uttar Pradesh Police, referring it to as tainted, lopsided and attempted to conclude hastily to pose the incident as a roadside accident to please the superiors and the political masters. However, it noted that acts of omissions, lapses, and irregularities committed by the local Police had caused no irreparable loss to the foundation of the prosecution.
On March 4, 2020, Sengar, his brother, and five others were also convicted for the death of the rape survivor's father in judicial custody and were sentenced to 10 years imprisonment.
