Siddhi Sharma
Published on: 13th August 2022 at 17:59 IST
The Unnao Rape survivor moved a transfer petition in the Supreme Court which seeks to transfer a case filed against her by the father of Shubham Singh, one of the accused men. The accused is facing a trial in New Delhi for the gang rape of the petitioner.
The petitioner also requested a stay on the non-bailable warrant issued by the Additional Chief Judicial Magistrate, Unnao, against her. The FIR was filed under Sections 419, 420, 467, 468, and 471 of the IPC. This was done to counter the petitioner.
The petition talks about a grave risk to the safety of the petitioner if she appears before trial in the place of the incident, Unnao.
In the Unnao Rape Case, a 17-year-old girl was gang-raped in Unnao, UP. Former BJP MLA Kuldeep Singh Sengar was convicted for the rape. The former BJP MLA was also convicted for the murder of the petitioner’s father.
The Supreme Court in 2019, upon acknowledging the grave threat to her and her family’s lives, directed that all cases related to the incidents be transferred from Lucknow to Tis Hazari Courts, New Delhi.
The petition was settled by Advocate Vrinda Grover and drafted by Advocates Soutik Banerjee, Devika Tulsiani, and Rishikesh Kumar. The petition states that the proceedings have been initiated in order to defend the accused against the POCSO charges and to intimidate and harass the victim.
According to the petition, the FIR complainant, on being aware that the petitioner was deposing against his son on 2.08.2022 and 03.08.2022 in the criminal trial being held in New Delhi, chose to seek the non-bailable warrant against her on 02.08.2022.
The petition submits that:
“If the petitioner is forced to face trial in Unnao, it is very likely that the same would be an abuse of legal process to serve oblique motives and thwart the administration of justice in the ongoing criminal trial in New Delhi against Shubham Sharma and ors.”