Unnao rape case

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Unnao rape case
Protests for the Kathua Unnao Rape cases.jpg
Joint protests for the Unnao and Kathua rape case
LocationUnnao, Uttar Pradesh, India
Date4 June 2017 (2017-06-04)
Attack type
Rape, and murder

The Unnao rape case refers to the gang rape of a 17-year-old girl on 4 June 2017 in Unnao, Uttar Pradesh, India. To date, two charge sheets have been filed in the case. The first charge, filed by the Central Bureau of Investigation on 11 July 2018, accused Kuldeep Singh Sengar, an expelled former Bharatiya Janata Party (BJP) leader and Member of the Legislative Assembly (MLA) from Uttar Pradesh, of the rape.[1] The second charge sheet was filed on 13 July 2018 and accused Kuldeep Singh Sengar, his brother, three policemen and five other individuals of framing the Unnao rape survivor's father as the perpetrator.[2][3][4]

The rape survivor attempted to immolate herself at the residence of Yogi Adityanath, the Chief Minister of Uttar Pradesh, on 8 April 2018. Her father died in judicial custody shortly thereafter. These incidents brought public attention to the case, and the incident was widely reported on in the national media in April 2018.[5][6][7] The Kathua rape case received national attention during the same period, leading to joint protests seeking justice for both victims.[8][9][10]

Following a truck collision on 28 July 2019, resulting in the serious injury of the victim and death of two relatives, it was revealed that the family had been threatened and had written the Chief Justice of India for help. On 31 July 2019, the Supreme Court and Chief Justice acknowledged the case.[11]

Incident[edit]

Previous events[edit]

The victim stated that she was lured by a woman named Shashi Singh, her son, Shubham Singh, and her daughter, Nidhi Singh, to move to Kanpur with the allurement of securing employment. On the night of 11 June 2017, she went with Shubham Singh and later was allegedly raped multiple times by him and his driver, Awdhesh Tiwari.[12] She was later assaulted by unknown individuals and allegedly sold to one Brajesh Yadav for ₹60,000.[12] A First Information Report (FIR) was registered under section 363 and 366 of the Indian Penal Code (IPC) on 20 June 2017 against Shubham Singh and Awdhesh Tiwari. A day later, Uttar Pradesh Police located the victim in a village in Auraiya and sent her for a medical examination. On 22 June 2017, she recorded her statement in front of a Judicial Magistrate under Section 164 of the Code of Criminal Procedure[13] (CrPC) in which she narrated her ordeal and named Shubham Singh, Awdhesh Tiwari, Brajesh Yadav and other unknown assailants for abduction and gang rape.[12] A second FIR was registered later under the Protection of Children from Sexual Offences Act (POCSO) and the accused were subsequently detained.

Complaint[edit]

In an open letter written on 17 August 2017 to the Chief Minister of Uttar Paradesh, Yogi Adityanath, the victim stated that, prior to the events of 11 June 2017, she had been raped on 4 June 2017 at 8:00 p.m. in the house of Kuldeep Singh Sengar, a Member of the Legislative Assembly of Uttar Pradesh from the Unnao constituency, and a member of the Bharatiya Janta Party. The complaint said that she had entered the house seeking Sengar's assistance in finding employment.[5][6] Her statement was recorded by the police on 22 June 2017, but the police did not allow her to name her assailant.[5][6] On 5 April 2018 the woman's father was arrested and placed in judicial custody, allegedly after he was assaulted by supporters of Sengar. A medical examination found injuries consistent with his having been beaten. He stated that Sengar's brother Atul Sengar had led the assault; no action was taken in response to this complaint at that time.[5][6] Four days later, the victim attempted to immolate herself in front of the residence of Yogi Adityanath, the Chief Minister of Uttar Pradesh, stating that the police had taken no action against the accused.[5][6] A day later, on 9 April, her father died in hospital of his injuries, leading to the arrest of Atul Sengar and the suspension of six police officers.[7] The death and the immolation attempt led to widespread outrage, after which an FIR was registered against Sengar. The state government handed the case over to the Central Bureau of Investigation. The case was shifted to the Allahabad High Court.[7][6][14][15][16]

Arrests[edit]

On 13th April 2018, Kuldeep Sengar was taken in by the CBI for questioning.[17][18] Later in the day, on the basis of the Allahabad High Court order, he was arrested and spent a week in judicial custody, and new FIRs were registered.[19][20] A second arrest in the case was made on 14 April 2018 of Shashi Singh, who allegedly took the survivor to the BJP MLA on the same day as the incident.[21]

The Unnao rape victim's uncle, who had started a campaign accusing Kuldeep Singh Sengar of the rape of his niece and the death of the rape victim's father, his elder brother, in custody, was arrested on 21 November 2018 in an 18-year-old gun-firing case.[22]

Aftermath[edit]

Protests[edit]

The incident made headlines in India in April 2018. Joint protests were held across India demanding justice for both victims. The Prime Minister of India, Narendra Modi, issued a statement condemning the incidents. Following the truck collision on 28 July 2019, there were protests once again, including protests by the opposition in the Parliament on 30 July 2019.[23][24]

Truck collision[edit]

On 28 July 2019, the rape victim and her lawyer were seriously injured and two of her family members died when a truck struck their car. The truck had blackened license plates, and the police officers assigned to provide security for the victim were not present, with the explanation that there was no space in the car in which the victim was traveling.[25] These circumstances have led to the wide suspicion of a conspiracy to eliminate the witness and her family.[26]

Joint protests for the Unnao rape case and Kathua rape case at Parliament Street, New Delhi on 15 April 2018.

Supreme Court intervention[edit]

The Supreme Court of India had taken up the letter written by the Unnao rape victim to Chief Justice of India Ranjan Gogoi on the judicial side.[27] The letter written by the victim and her family members claimed that they were being threatened by followers of Kuldeep Singh Sengar. The issue was brought up during the mentioning by Senior Advocate V Giri, who is amicus curiae in the case relating to child rape. Giri cited media reports regarding the issue.[28]

The Chief Justice of India was anguished by the events and, in view of the situation, the CJI-led bench of the Supreme Court ordered the transfer of a total of five cases related to the Unnao incident to Delhi in the court of the District & Sessions Judge, West District, Tis Hazari Court, and also directed protection to the victim's family members, her lawyer and his family members. The victim was also awarded ₹25 lakhs as interim compensation to be paid by the Uttar Pradesh Government.

Further, on 2 August 2019 the same bench also directed that Mahesh Singh, uncle of the rape victim and said to be a key witness in the case, be transferred to Tihar Jail in Delhi from Raebareli Jail where he is currently imprisoned.

References[edit]

  1. ^ Rashid, Omar (11 July 2018). "Unnao gang rape case: BJP MLA Kuldeep Singh Sengar named in CBI charge sheet". The Hindu. ISSN 0971-751X. Retrieved 15 July 2018.
  2. ^ "Unnao case: CBI files charge sheet against MLA, 9 others for criminal conspiracy". Hindustan Times. 14 July 2018. Retrieved 15 July 2018.
  3. ^ "Too early to act, BJP on CBI chargesheet against MLA in Unnao gangrape case". India Today. Retrieved 15 July 2018.
  4. ^ "Unnao rape case: Will arrest BJP MLA Kuldeep Singh Sengar, SIT tells Allahabad HC; Highlights here". financialexpress.com. Retrieved 17 April 2018.
  5. ^ a b c d e "All that has happened in Unnao rape case, a timeline". Hindustan Times. 10 April 2018. Retrieved 12 April 2018.
  6. ^ a b c d e f "Unnao rape case: Here's everything you need to know". The Indian Express. 14 April 2018. Retrieved 14 April 2018.
  7. ^ a b c "Rape inquiry against India BJP lawmaker". BBC News. 12 April 2018. Retrieved 14 April 2018.
  8. ^ "Congress march highlights: Party holds nationwide protest, seeks justice in Kathua, Unnao rape cases". Firstpost. Retrieved 14 April 2018.
  9. ^ "Chennai, Kolkata Take to Streets to Protest Kathua, Unnao Rapes". The Quint. Retrieved 14 April 2018.
  10. ^ "Hundreds Of Mumbaikars Assemble To Protest Kathua, Unnao Rape Cases". NDTV.com. Retrieved 14 April 2018.
  11. ^ Correspondent, Legal (31 July 2019). "Unnao rape case: Supreme Court takes note of complaint by survivor's family". The Hindu. ISSN 0971-751X. Retrieved 1 August 2019.
  12. ^ a b c "सामूहिक दुष्कर्म के बाद किशोरी को बेचा". Dainik Jagran (in Hindi). Retrieved 20 May 2018.
  13. ^ Pandey, Sushant (12 January 2018). "Examination of witness under section 164 of CrPc - iPleaders". iPleaders. Retrieved 20 May 2018.
  14. ^ "Unnao Rape: FIR Filed Against BJP MLA, Case Transferred to CBI". The Quint. Retrieved 12 April 2018.
  15. ^ Rashid, Omar (11 April 2018). "Allahabad HC takes up Unnao rape case". The Hindu. ISSN 0971-751X. Retrieved 12 April 2018.
  16. ^ Rashid, Omar (11 April 2018). "Unnao gang rape case: BJP MLA's wife demands narco test of husband, minor". The Hindu. ISSN 0971-751X. Retrieved 12 April 2018.
  17. ^ "Rape-Accused BJP Lawmaker Kuldeep Singh Sengar Taken In For Questioning By CBI". NDTV.com. Retrieved 13 April 2018.
  18. ^ "Allahabad High Court Orders Arrest Of BJP Lawmaker Kuldeep Singh Sengar". NDTV.com. Retrieved 13 April 2018.
  19. ^ "Unnao rape case: Accused BJP MLA Kuldeep Singh Sengar arrested by CBI - Times of India". The Times of India. Retrieved 13 April 2018.
  20. ^ "BJP's Kuldeep Singh Sengar Sent To 7 Days' CBI Custody In Unnao Rape Case". NDTV.com. Retrieved 14 April 2018.
  21. ^ "Unnao rape case: CBI makes second arrest". The Hindu. PTI. 14 April 2018. ISSN 0971-751X. Retrieved 14 April 2018.CS1 maint: others (link)
  22. ^ "Unnao rape victim's uncle sent to jail, hearing today". Hindustan Times. 22 November 2018. Retrieved 22 November 2018.
  23. ^ "Unnao protests LIVE updates: Rape case rocks Parliament, Pralhad Joshi tells Oppn don't politicise it". The Indian Express. 30 July 2019. Retrieved 30 July 2019.
  24. ^ "Unnao Case: Opposition attacks govt over Unnao accident case; 'don't politicise issue,' counters Union minister". The Times of India. 30 July 2019. Retrieved 30 July 2019.
  25. ^ "Unnao rape survivor accident: What happened and what we know so far". India Today. Retrieved 30 July 2019.
  26. ^ "The Hindu".
  27. ^ Bindra, Japnam; Das, Shaswati (31 July 2019). "SC takes note of Unnao rape survivor's letter, set to hear case today". Livemint. Retrieved 1 August 2019.
  28. ^ "Supreme Court takes note of Unnao rape survivor's letter to CJI Ranjan Gogoi alleging threat to life, may hear matter today". Firstpost. 1 August 2019. Retrieved 1 August 2019.