The Allahabad high court will decide on Tuesday whether the Banda girl allegedly raped by BSP MLA Purushottam Dwivedi is a minor.
A lower court, which was to hear the case on Monday, said, "Since all documents have been deposited in the high court, it was not appropriate for the lower court to hear the case," said civil judge Ravi Kumar.
The principal of Shahbazpur Primary School, where the girl was studying, and the village council head have deposited documents in the high court.
The girl, who hails from Shahbazpur village, claims she is 17 years old, a minor. But the police claim she is 18, an adult.
The victim's age will determine the nature of charges that will be filed against Dwivedi. It will also decide the quantum of punishment if he is convicted.
It will also mean that the police violated the law by jailing a minor, when she should have been kept in a juvenile detention centre.
The victim has alleged that Dwivedi and his associates raped her on December 11 and 12 and then falsely implicated her in a theft case, for which she was arrested on December 15.
Meanwhile, an inquiry has been ordered into the allegations by a woman jail warden who claimed that her seniors were threatening her for giving a statement against Dwivedi.
The roles of the district magistrate and senior police officials who allegedly tried to protect the MLA and pressure the victim to change her statement are also under the scanner.
Salve moves SC for judicial probe
Senior advocate Harish Salve on Monday moved the Supreme Court seeking a judicial probe into the arrest of Banda rape victim.
During the hearing of a former Uttar Pradesh DGP Prakash Singh's plea for expeditious implementation of the court's September 2006 directions on police reform, Salve mentioned the incident and demanded an inquiry into it by the Allahabad district judge or by someone from "outside the area".
A bench headed by Chief Justice of India SH Kapadia said it would examine the report on Friday.
It asked Salve to file a formal application before the court for the probe.