A special court has ordered to proceed with the matter of framing charges against three Uttar Pradesh policemen who initially handled the rape case against ex-BJP MLA Kuldeep Singh Sengar in 2017 for failing to record allegations of the minor victim against the leader, officials said.
The court recently rejected the petition of Kunwar Bahadur Singh, then posted as Circle Officer of Safipur in Unnao, seeking discharge from the case filed by the CBI.
The case was lodged under Section 166A of the Indian Penal Code, for not recording the victim’s complaint that she was raped by Sengar on June 4, 2017, they said. Facing inaction even after her complaint to the Chief Minister’s Office remained unaddressed, the victim attempted to self-immolate in front of the chief minister’s residence in Lucknow on April 8, 2018, which snowballed into a major political issue in the state.
Besides Singh, the court has also ordered to proceed with the case of framing of charges against D P Shukla, former SHO of Makhi Police Station and Digvijay Singh, sub-inspector, who were also charge-sheeted, they said.
It is alleged that the victim in her application to Chief Minister Yogi Adityanath on August 17, 2017, had alleged that she was raped by Sengar on June 4 that year and later gang-raped by three other men on June 11, but the police did not take any action on her complaint.
Her complaint was registered in Chief Minister’s grievance portal and forwarded to Kunwar Bahadur Singh for inquiry.
The victim had appeared before Singh and admitted that she had made the complaint, the CBI inquiry showed. Singh had forwarded the complaint to DP Shukla who handed it over to Digvijay Singh who had conducted the inquiry.
In the inquiry report submitted on August 24, 2017, Digvijay Singh said a case was already registered, referring to the incident on June 11, 2017, at Makhi Police Station in which a charge sheet has already been filed but it did not say anything about rape by Sengar June 4, 2017. ”He further mentioned in the report that other allegations of the complainant are baseless and false and she is habitual of giving the applications,” the CBI has alleged. Sengar has been sentenced to life imprisonment by a special CBI court for raping the minor who had come to his house seeking employment on June 4, 2017.
Based on the inquiry report submitted by Digvijay Singh, Kunwar Bahadur Singh also submitted his report on November 25, 2017, in which he mentioned details of the action by police in the incident of June 11, 2017, but nothing was mentioned of the June 4 incident, the court has noted.
The CBI has alleged these officers being the public servants had neither properly enquired nor ensured proper enquiry of the allegations, particularly related to the complaint of rape against Sengar.
Without giving specific findings in his report to senior officers, Kunwar Bahadur Singh termed the minor’s complaint against the then MLA ”false and baseless”.
This recommendation was not only made in reference to the case sent from the Chief Minister’s Office but also in previous complaints filed by the victim, mentioning both incidents of rape, before different authorities which were also marked to Kunwar Bahadur Singh, the CBI has alleged.
The agency has alleged that the three officers did not perform their duties as per the statutory mandate in respect of the rape complaint against Sengar even after receipt of the ”first information of cognizable offence and had failed to record the information being public servants” hence committed offence under IPC section 166A.
Kunwar Bahadur Singh had filed an application before a special court here to discharge him from the proceedings as he was not responsible for the actions of his junior officers — D P Shukla and Digvijay Singh.
”In the considered opinion of this court, there is ample material on record which prima facie discloses the commission of offence punishable u/s 166A IPC by the accused persons. Consequently, the plea on behalf of accused no. 1 (Kunwar Bahadur Singh) seeking discharge is declined,” the court held.
The court also directed to proceed with the matter of framing of charge for the offence against all three.