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Further probe ordered into plea against Unnao rape victim, kin
The order was passed by Judicial Magistrate First Class Bhavaya Karhail of Saket courts, who noted “multiple lacunas” and “lack of crucial witness examination”
New Delhi: A Delhi court has ordered further investigation against the 2017 Unnao rape victim and her family over allegations made by the kin of an accused in the case involving former BJP leader Kuldeep Singh Sengar, accusing them of forging the victim’s identity documents to wrongly implicate the accused.
The order was passed by Judicial Magistrate First Class Bhavaya Karhail of Saket courts on Tuesday, who noted “multiple lacunas” and a “lack of crucial witness examination” in the chargesheet submitted by the police.
The order came on an application moved by additional public prosecutor Akashmani Tripathi, who sought further investigation citing procedural lapses and shortcomings in the probe. He told the court that the investigation and the chargesheet filed were insufficient to initiate trial against the victim and her family due to multiple material loopholes and the failure to record statements of crucial witnesses.
In 2018, the husband of Shashi Singh—an accused who was acquitted in 2019—filed a case of criminal conspiracy, cheating and forgery against the victim, her mother and her uncle at Makhi police station in Unnao. He claimed in the FIR that they had provided a forged school transfer certificate to the Unnao police to verify her age while filing the complaint against Sengar and Singh.
Shashi Singh, who had allegedly taken the victim to Sengar’s home on the promise of a job, was arrested in 2018. While Sengar was convicted and sentenced to life imprisonment for raping the minor in 2017, co-accused Singh was acquitted by the trial court in December 2019. A chargesheet in the matter was filed in June 2019.
The judge, in his order, noted that despite sufficient evidence being available, the investigating officer (IO) chose not to include it in the chargesheet. He also observed that several crucial witnesses were not examined and no expert opinion was sought regarding the genuineness or fabrication of the documents in question.
“There are sufficient grounds to direct further investigation in the present case,” the judge said.
“Considering that present FIR pertains to year 2018, considering the gravity of offence and considering the past conduct of the IO, it is further directed that further investigation be carried by police officer not below the rank of Inspector,” the order mentioned.
A copy of the order has been sent to the Superintendent of Police, Unnao, and the SHO of Makhi police station with directions to complete the probe in a “time-bound” manner. The court also asked the Uttar Pradesh police to submit progress reports every fortnight. The matter is listed for further hearing on May 18.
