In a major development, the Tis Hazari Court in Delhi has convicted UP MLA, Kuldeep Singh Sengar in the Unnao rape case. The offence was committed in 2017, and at that time the survivor was a minor. Therefore, he has been convicted under Section 376 of the IPC and Sections 5(c) and 6 of Protection of Child from Sexual Offences Act (POCSO). Co-accused Shashi Singh who had also been charged in this case has been acquitted. A separate hearing for determining the quantum of sentence will take place on December 17.
The case was transferred to Delhi from a Lucknow Court on August 1 by the Supreme Court, after which the trial was held on a day-to-day basis from August 5. The Court framed charged on August 9 under Sections 120B (criminal conspiracy), 363 (kidnapping), 366 (kidnapping or inducing a woman to compel for marriage), 376 (rape) and other relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.
This case has made headlines time and again for all the wrong reasons. In the month of April last year, it was reported that the rape survivor’s father was beaten by the MLA’s brother and his aides in Unnao. The rape survivor tried to immolate herself outside the CM residence on April 8, 2018. This further brought the details of the horrifying crime into limelight across India. The case continued to get more and more traumatising for the survivor and her family. On April 9, the survivor’s father died in judicial custody after he was allegedly framed in an illegal arms case.
Earlier this year, a car in which survivor and her family was travelling was hit by a truck. The accident alleged to have been orchestrated by the convicted MLA and his aides in which two aunts of the survivor were killed. The uncle of the survivor claimed that the driver of the truck which hit the car in which his family was traveling, was associated with the MLA. The collision was orchestrated with an “intent to kill”. He also stated that he and his family had faced repeated threats from the MLA and his men and were being intimidated to change their statements in court or reach a compromise with the MLA in the gang-rape case.
Moreover, in the complaint, the uncle also stated that they have been given death threats, stating that they would be killed if they didn’t agree to a compromise. During the investigation of the accident, it was discovered that the number plate of the truck was blackened, making the numbers unreadable by the witnesses that further corroborated the claim of the accident having been intentionally orchestrated.
Trial is also going on in four other cases related to the Unnao rape incident- framing of the rape survivor’s father in illegal firearms case and his death in judicial custody, conspiracy of Sengar with others in the accident case and a separate case of gangrape of the rape survivor by three others. All these cases bring to light the sheer trauma, harassment and violence that the survivor and her family had to face.
Kuldeep Singh Sengar, a four time MLA has been associated with all four parties active in the state of Uttar Pradesh- Congress, BJP, SP and BSP. His brand of politics was based on sheer opportunism and ciriminalisation. With this verdict however the Delhi Court has set a very strong example.
It must be noted that President Kovind, earlier this month, had asserted that rape convicts under POCSO Act should not have the right to file mercy petition.
This verdict makes it clear that no matter how politically influential one might be, the law is going to take its own course and bring the perpetrators to justice.