THE 2017 UNNAO RAPE CASE

Published by: ANUSHKA SHARMA

INTRODUCTION

Rape is one among the foremost common offence against ladies in country like India. The rape statistics in India is deeply hideous. There's a woman raped in India in every 5 minutes. The amount is moreover negatively astonishing once we take this into thought that just 1% of rapes are reported in spite of everything. The staggering range has its roots in deeply settled hatred, and patriarchic mental attitude that women are objects of mere consumption. It's created its method into the final public, despite any gender. The underlying rape culture has been the undertone of each gender dialogue that has taken place within the past few decades.

The deeply stunning gang rape and murder of a girl in 2012 within the city of the country national capital in 2012, brought tens of thousands onto the streets across Asian country and spurred demands for action from film stars and politicians, resulting in harsher punishments and new fast-track courts. however the violence has continuing intense ( range of rapes since the Nirbhaya incident). It's conjointly aforesaid that the Law Commission had warned of such an occurrence beforehand. However, it had fallen on deaf ears. when the December 2012 Mukesh & Ors. vs. NCT of urban center, the govt of Asian country grooved a judicial committee headed by Justice J.S. Verma to counsel amendments in criminal laws and penalization to deal firmly in statutory offence cases, and supported the recommendations of the committee a legal code (Amendment) Act, 2013 was passed in step with Section 375, the word rape has been outlined as statutory offence and it includes assault while not penetration, associated penetration to any extent apart from penial penetration is additionally an offence.

New offences are another like acid attack, harassment, voyeurism, stalking with connected punishments. The subjugation or subordination of ladies to men is rife in giant elements of the globe however in some elements women are subjected to discriminations, exploitations, oppressions and violence.

However in most cases it is not just the victim that experiences the calamitous consequences of sexual violence. In a patriarchal society like in India where the women have very low status, the people closely connected to the victim, especially the family members are also affected as a result of the negative social reactions.

Unnao Rape Case

Politician and BJP MLA Kuldeep Singh Sengar was suspect of getting raped a minor Dalit girl. What was even a lot of perturbing was the actual fact that this wasn't the primary case involving a member of the branch doing therefore. Infact, political parties usually happen to own variety of MPs and MLAs that have or had in progress rape charges on them. However, what happened later verified to be a lot unfortunate.

On 4th June, 2017, a minor girl, just 17 years in age then, was kidnapped from her village of residence in the state of U.P, and raped by BJP MLA Kuldeep Singh Sengar, his brother Jaideep alias Atul Singh, and others. She was found 17 days later, on 21st of June, 2017- in a very village named Auraiya- 116.8 kms aloof from her village Mankhi.

The next day, on the 22nd of June, 2017, FIR was filed, albeit the reluctance of the law enforcement officials in doing thus. the most defendant, even when the victim’s cries, wasn't named within the First Information Report of the police. Infact, it had been alleged that the police even threw them out of the station once they insisted on Sengar being named within the report. Section 363 (kidnapping) and Section 366 of the Indian Penal Code, 1860 (kidnapping a lady to compel her for marriage) were charged. However, no action was taken and her voice fell into the government’s deaf ears.

As the matter escalated, on 3rd April, 2018 the father of the victim was crushed black and blue by the legislator’s brother and co-accused Jaideep alias Atul Sengar & others and video of the same was place abreast of social media for the others to witness. The victim’s father was seen mentioning out Atul Singh’s name within the video, however the latter wasn't even mentioned within the report filed. Even if the father of the victim filed a report with the police concerning this, he was in remission by the police and sent to jail. The unblushing protection of the defendant and his accomplices continuing because the constabulary turned a blind eye to the recurrent threats the victim and her family received from Sengar.

As a desperate strive to get herself heard within the dark, on 3rd April, 2018, the victim tried to immolate herself before of the Chief Minister Yogi Adityanath’s residence and alleged the crimes against her and her immediate and clan. She conjointly defendant the constabulary of getting turned a blind eye to the whole state of affairs, thereby facilitating additional offences.

Unfortunately, just per week later, on 9th April, 2018, the victim’s father succumbed to his injuries, because of the police beatings. The post mortem report mentioned the explanation for the death of the person to be “ blood poisoning”, beside injuries on his body.

Owing to the seriousness of the offenses alleged, police protection was granted to the victim and her family, two days later to the incident- on 11th April, 2018. However, basic amenities like water or electricity remained absent from the section and therefore the protection proven to be to be more like an incarceration.

It was around now that senior advocate G.S. Chaturvedi prayed to the Allahabad judicature for a court monitored investigation into the whole matter, and was accepted by the latter for an equivalent.

The next day, on 12th April, 2018, the Central Bureau of Investigation (CBI) ordered for the arrest of K.S. Sengar, Jaideep alias Atul Singh, & others concerned within the crimes. Following this, because the verbal flag of the party grew on social media and news, Chief Minister Yogi Adityanath refuted claims of getting tried to avoid wasting Sengar from proceedings, and claimed to possess restrained the matter firmly. consequent day CBI in remission the girl who had taken the Dalit minor survivor to the perpetrators, the night of the rape.

A year later, once the case started continuing, another tragedy smitten. On 2nd July, 2019, a twenty year recent case of the uncle of the victim was dropped at surface, and one decade of jail time was awarded to him by a judicature. within the same month, the lead counsel and therefore the victim were each fatally crippled in the accident when they were on the way to the Rae Bareli District Court for a hearing. The paternal and maternal aunts of the victim succumbed to their injuries within the crash. 3 days later, Sengar was mitigated from his duties of the central and state BJP leadership and duties.

On 2nd of August, while exercising its right to transfer any case from courts, the Apex Court transferred 5 cases of criminal nature against the victim and her family from the Lucknow CBI Court to the Delhi CBI Court. These cases were of the death of the victim’s father whereas he was in police custody on the pretext of Arms Act engaged on him by the constabulary, and therefore the 2 gangrapes that the victim was subjected to 1 week except the opposite. Further, keeping visible the seriousness of the crime, and therefore the vulnerability of the victim and her family, for the nowadays the Supreme Court, within the case of K.S. Sengar v. State of state, ordered the payment of Rupees 25,00,000/- by the state government, to the victim. This was declared to be just Associate in Nursing interim compensation. a number of days later, the key witness of the case, Yunus, died beneath mysterious circumstances on 18th August, 2018. No post mortem was done by the police.

Chronology of Events

1) Jun 4, 2017: 17-year-old lady allegedly raped by BJP MLA Kuldeep Singh Sengar.

2) Apr 3, 2018: Rape survivor’s father was beaten up by some police officers and as apprehended in false case of prohibited arms act allegedly by commandment of Sengar and 10 others.

3) Apr 8: Rape survivor tries to immolate herself outside CM Yogi Adityanath’s residence, alleging police inaction.

4) Apr 9: Rape survivor’s father dies in custody.

5) Apr 10: case was transferred to CBI by Allahabad High Court.

6) Apr 13: BJP MLA Kuldeep Singh Senger was arrested .

7) Jul 11: Charge sheet was filed by CBI in this matter.

8) Jul 17: Rape survivor, her family write letter to CJI Ranjan Gogoi expressing threat and danger to their lives allegedly by Sengar and his men.

9) Jul 28: Over-speeding truck rams into automotive within which rape survivor, her family and their professional person were travel, killing her 2 aunts, feat her and advocate critically eviscerate.

10) Jul 29: FIR registered at Gurubuxganj police office in Raebareli against Sengar and nine others in reference to road accident.

11) Jul 30: Rape survivor’s letter to CJI comes into light.

12) Jul 31: SC takes cognizance of letter, seeks report from its Secretary General on delay in placing it before bench.

13) Aug 1: SC transfers 5 cases associated with rape case to metropolis, directs court to complete trial in 45 days.

14) Aug 5: Day-to-day trial commences at Tis Hazari Court.

Rape survivor air-lifted to Trauma Centre, AIIMS, from King George’s Medical faculty in Lucknow.

15) Aug 9: Court frames charge against Sengar and feminine co-accused Shashi Singh in rape case.

16) Sep 11: Special temporary court discovered at AIIMS to record statement of rape survivor.

17) Sep 25: Rape survivor discharged from AIIMS.

18) Dec 6: Rape survivor shifts to rented accommodation in Delhi organized by Delhi Commission for girls unproven court’s order.

19) Dec 10: Court reserves judgement.

20) Dec 16: Delhi court convicts Sengar for raping a minor lady. Acquits co-accused Shashi Singh.

Court Sentences Kuldeep Sengar to Life in Prison

Expelled BJP MLA Kuldeep Singh Sengar was sentenced for life time for raping a minor in Unnao in 2017, Delhi court same whereas delivering its judgment on 20th December.

District decide Dharmesh Sharma charged obligatory exemplary fine of Rs 25 lakh that has got to be paid with in a month. It additionally directed that the rape survivor be paid a further Rs 10 lakh as compensation to the mother of the victim.

“This court does not find any mitigating circumstance, Sengar was public servant and betrayed people’s faith,” the judge said while declining the plea for lenient approach in sentencing him.

Sengar broke down within the courtroom once he heard his sentenced. He was found crying beside his daughter and sister. Sengar has been condemned below Section 376 (rape) of the Indian legal code, read with Section 5 (aggravated penetrative sexual abuse of a child) of the Protection of children from Sexual Offences Act (POCSO), because the court found that the girl was a minor at the time of the offence.

Convicted Under POCSO, But No Death Penalty

The court same the CBI proven that the victim was a minor and he was justifiedly prosecuted beneath the special law. The recent amendments created in August this year within the POCSO Act, that carries a provision of executing, failed to get result because the incident transpire in 2017 before the law was amended. Referring to the POCSO, the court had same there was “nothing wrong” with the law however its ineffective implementation on ground and lack of human approach of officers involved light-emitting diode to delayed justice.

After 2 years and 35 complaints later finally the court took notice of the Unnao rape case. The CJI expressed anguish at the Unnao rape tragedy and has asked the written account to on why the letter whiny of criminal intimidation at the instance of the suspect and praying for protecting measures came to him solely post the accident on Sunday. Finally the victim got the compensation and security when the court took suo moto cognizance of the case and conjointly asked the CBI to complete the investigation of the case in 7 days.

Conclusion

Rape could be a malum in se (wrong or evil in itself) offense, and has severe mental, physical, emotional, and, sadly, even social consequences on its victim. Amongst different reasons, it's additionally the results of a multi-dimensional culture of victimization, wherever the wrongdoer is created to desire a winner, a master. within the instant case, the events conspired as how for MLA Sengar and his accomplices to exercise power over the victim. Sengars belong to the higher caste, forward ‘Thakurs’, and also the victim was a Dalit and a minor.

Additionally, the soppy system of the ruling party saving face, along side making an attempt to secure a seat through caste-based vote bank, by protective the wrongdoer by no matter suggests that necessary, could be a rotten example of however absolute power corrupts completely.

In the same year as this case, it absolutely was reported that 91 rape cases were reported daily to the police within the biggest democracy of the globe, India. it's ironic that in spite of varied tries at waking up the society and its members, sexual assaults still rise intermittently- although gender equality is enshrined within the constitution. The analysis tired this subject has usually provided additional queries than answers, however I actually have gained a far better understanding of the complexness and also the multi facetedness of rape. I actually have additionally gotten the clarity regarding its correlation with the case of ladies within the country.

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