Unnao rape case: Don’t just detain, arrest accused, Allahabad HC to CBI

Allahabad: Considering the sensitivity of the alleged rape of a 17-year-old girl in Unnao district of Uttar Pradesh, the Allahabad High Court has directed the CBI to not detain, but ‘arrest’ BJP MLA Kuldeep Singh Sengar, who is being named as the prime accused in the case. The High Court has also ordered the CBI to file status report by May 2.

The High Court issued the order hours after the CBI detained the accused MLA for questioning.

The HC bench comprising Chief Justice DB Bhosale and Justice Suneet Kumar gave the direction to the investigating agency after the counsel for the Uttar Pradesh government informed it that Sengar has been detained for interrogation and not arrested.

Moreover, the HC instructed the CBI officials to consider filing an application for cancellation of bail granted to other accused in the case. The bench passed the order while demanding a court-monitored investigation of the incident and treated it as a PIL. The bench directed the CBI to carry out investigation strictly in accordance with law.

Accordingly, the CBI took to action and re-registering the UP police FIRs and brought the MLA to its Lucknow office at around 5 am for questioning, officials said, adding that a team of officials would visit the scene of crime and question jail officials, police officials and family members of the MLA.

Immediately on Thursday, police lodged an FIR against Sengar in connection with the alleged gangrape after the UP government decided to hand over the probe to the CBI. Police charged Sengar under various sections of the IPC and provisions of the Prevention of Children from Sexual Offences (POCSO) Act.

To be noted that the FIR was registered days after the victim’s father died in judicial custody. Following which the police arrested Atul Singh Sengar, the MLA’s brother, for allegedly beating him up.

The alleged rape case came to fore only after the victim tried to immolate herself outside Chief Minister Yogi Adityanath’s residence on Sunday. She alleged that the police took no action against the BJP MLA. The victim alleged that she was raped by the MLA at his residence on June 4, 2017, where she had gone with a relative seeking a job. In February, the girl’s family moved court seeking to include the MLA’s name in the rape case.

Moreover, her mother had mentioned in her complaint that she had attempted several times to get an FIR registered but no action was taken by the police.

Later, the police booked the victim’s father under the arms act on April 3, 2018, and was put in jail two days later. Consequently, her father succumbed in jail with post-mortem indicating serious injuries on his body.