13 Aug 2019
Charges framed against Kuldeep Sengar for #UnnaoRape survivor's father's murder
District Judge Dharmesh Sharma also framed charges against Sengar's brother Atul, three Uttar Pradesh Police personnel, and five others for assaulting and falsely implicating the rape survivor's father in an Arms Act case.
A series of acts with a larger conspiracy: Judge
Judge Sharma on Tuesday reportedly said that there appears to be a series of "acts with a larger conspiracy" to "prevent the survivor's father from pursuing the complaint (against Sengar)."
The Delhi court was also of the opinion that the case of the custodial death of the survivor's father should be clubbed with that of him being falsely implicated in the Arms Act case.
Survivor's father was allegedly beaten up at Sengar's behest
The survivor had accused Sengar of raping her at his Unnao residence on June 4, 2017, when she went to him looking for a job.
However, her father was later booked in an Arms Act case and was allegedly beaten up in police custody at Sengar's behest.
After his death, the case was transferred to CBI and Sengar was arrested on April 13, 2018.
CBI deliberately didn't name Sengar, others: Survivor's counsel
Earlier, on August 10, the rape survivor's counsel told the Delhi court that the CBI "deliberately" didn't name Sengar, his brother, and others in the murder case.
However, Senior Public Prosecutor Ashok Bhartendu, who was appearing for CBI, denied the allegations, saying the Investigation Officer collected evidence in the case in all fairness, adding there was no "mala fide" intent on his part.
Till now, CBI didn't find anything against Sengar: Bhartendu
"Till now, the CBI did not find anything against the (expelled) MLA (Sengar) to be a common accused," Public Prosecutor Bhartendu said.
However, the counsel for the survivor and her family - advocates Dharmendra Mishra and Poonam Kaushik - alleged that the investigation officer of the murder case did not carry out a proper investigation.
The IO deliberately filed two different chargesheets: Mishra
"The father was allegedly beaten up badly...due to his injuries, he died in judicial custody," Mishra said.
"The IO deliberately filed two different chargesheets- one in the case of assaulting and framing of false charges and the other in the murder case," he added.
He alleged that Sengar, his brother, and their accomplices assaulted the survivor's father and lodged a false FIR against him.
It is all a matter of trial: Sharma
Sharma said, "...He (rape survivor's father) was allegedly falsely implicated, he was sent to judicial custody where he allegedly died. Whether there was intention... it is all a matter of trial." The survivor's father had died in judicial custody on April 9, 2018.
There was no mala fide intention: Bhartendu
"It cannot be said...the IO (Investigation Officer) deliberately did not name the MLA and his brother Atul Singh Sengar as accused in the case and supported the accused. Evidence was collected in all fairness. There was no mala fide intention on his part," Bhartendu said.
Role of the Sengars should be investigated: Survivor's counsel
"The unnatural death of the father was due to the fact that he was badly beaten up and was not given proper medical care in custody. Hence, the role of the Sengars should be investigated," the rape survivor's counsel said.