Unnao Rape Case: HC Stays POCSO Trial; State To Designate Special CBI Court, Lucknow For All Interlinked Cases [Read Order]

The Allahabad High Court, on Monday, sought the CBI's response on an affidavit filed by Unnao rape victim's mother, who has alleged that the agency was not conducting a fair investigation into her husband’s murder.

The Bench comprising Chief Justice D.B. Bhosale and Justice Suneet Kumar also stayed the hearing under the POCSO Act in the case pending before an Unnao Court. This was done in view of the submission made by Additional Advocate General Neeraj Tripathi that the State had proposed to designate the Special CBI Court at Lucknow to hear all interlinked matters.

He had submitted that the State shall issue a notification as contemplated by Section 28 of POCSO Act, in consultation with the Chief Justice during this week. His submission was then taken on record, and the case before the POCSO Court at Unnao was stayed.

The case concerns the alleged involvement of MLA Kuldeep Singh Sengar in the rape of an 18-year-old girl. The survivor had tried to immolate herself outside the Chief Minister's house just a day before her 50-year-old father passed away.

The father was in police custody in Unnao right before he died, prompting the girl to charge that he was killed inside the district jail at the behest of the BJP MLA. The post-mortem reportedly suggested that he died due to shock and septicemia as "all the ante-mortem injuries on the victim’s body were fatal".

While taking suo motu cognizance of the case, the High Court had noted with disbelief the manner in which the case was handled, observing, "We fail to understand why the Investigating Agency instead of arresting accused persons, they arrested complainant, in connection with this case."

It had then taking cognizance of a letter written to it by Senior Advocate Gopal S. Chaturvedi detailing the incident, and had appointed Mr. Chaturvedi as the amicus curiae.