Shivangi Prakash-
Published on: August 2, 2021, at 10:10 AM
A Delhi Court has declined to take cognizance of former BJP MLA Kuldeep Singh Sengar in the 2019 Unnao rape survivor vehicle accident case, ruling out foul play and conspiracy.
The Court affirmed the CBI inquiry into the Unnao rape survivor accident case, which found no evidence of foul play. The CBI extensively enquired, scanned, and probed all pertinent parts of the occurrence, according to District & Sessions Judge Dharmesh Sharma. The Court observed that the conclusions appear to be consistent with common sense, logic, and fair play.
The Court observed, “There are no grounds to suggest that investigation conducted by the CBI has been perfunctory, ill-motivated, or unsubstantiated in any manner.”
With a word of caution, the Court underlined that the observations are not confirming the CBI inquiry or giving it a clean sheet.
The Court remarked, “There is no gainsaying that many aspects of the investigation shall be tested during the trial. Lastly, this Court is not tying the hands of the CBI to conduct further investigation, and in case they come across any incriminating material linking the accused party with any kind of criminal conspiracy to murder or attempt to murder any member of the complainant party.”
The Court refused to take cognizance against former BJP MLA Kuldeep Singh Sengar (who is serving a life sentence for the rape of an Unnao woman) and his aides under Sections 302 (Murder) and 307 (Attempt to Murder) of the Indian Penal Code, coming to the conclusion that there are no grounds to doubt the fidelity, accuracy, and sincerity of the CBI’s investigation.
The truck driver, on the other hand, was charged with causing death by negligence under IPC Sections 304-A (causing death by negligence), 338 (causing grievous hurt by act endangering life or personal safety of others), and 279 (rash driving on a public road).
Kuldeep Sengar and his aides were charged for criminal intimidation under Section 120B (criminal conspiracy) read with Section 506 Part-II (threat to cause death or grievous hurt) IPC.
The Court, further, said that merely because Sengar had been provided with a mobile phone “Surreptitiously by the jail authority at Sitapur Jail would not invite an inference that he was involved in the planning the accident”.
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