NEW DELHI: The Delhi High Court has directed that no "precipitate action" should be taken by the trial court against Unnao rape survivor in an FIR, alleging that the victim and her mother had illegally forged the date on her birth certificate in order to invoke offences under POCSO Act.
In an order passed on December 19, Justice Anup Jairam Bhambhani said, "no precipitate action affecting the petitioner's (Victim's) liberty shall be taken by the trial court, till the next date of hearing."
The court listed her plea for protection against arrest for further hearing on March 1, 2023.
The court also issued notice to the police and sought its reply within six weeks on the anticipatory bail plea moved by the victim.
It noted the petitioner, who is a young girl, about 21 years of age, sought anticipatory bail under section 438 CrPC in the FIR lodged on December 23, 2018 registered under sections 419/420/467/468/471 IPC
at PS Makhi, UP.
She first filed the anticipatory bail application before the Allahabad High Court. However, it was withdrawn on December 16.
According to the prosecution, the Unnao rape survivor, a minor, was kidnapped and raped by former BJP MLA, Kuldeep Singh Sengar between June 11, 2017, to June 20, 2017, and other of his accomplices.
In August 2019, the Supreme Court transferred the trial in four cases relating to the Unnao rape case to Delhi's Saket court. It had also ordered that the trial should be held on a day-to-day basis and completed within 45 days.
The trial court had on December 16, 2019 found Sengar guilty of raping the minor girl and on December 20, 2019 sentenced him to 'life imprisonment till the remainder of his biological life'.
