Unnao rape survivor moves court alleging harassment by personal security officers

A Delhi Court has called for an Impact Assessment Report in a plea by the Unnao rape survivor who has alleged harassment by the personal security officers (PSO) deputed as per the directions of the Supreme Court for granting her adequate protection.

The plea sought directions to concerned police officers for not harassing or humiliating her by way of allegedly curtailing her movements or liberties without any reason.

District and Sessions Judge Dharmesh Sharma has directed the IO of Central Bureau of Investigation (CBI) to submit the report with the assistance of local police in the matter.

The plea alleged that the complainant and her family members were harassed by the PSOs by allegedly not allowing her to enjoy her liberties.

"It is directed that this application be taken up for consideration," the court said, as per a Live Law report.

In 2017, the minor had accused now-expelled BJP MLA Kuldeep Singh Sengar of rape, for which he was awarded life imprisonment in 2019.

On March 4, 2020, Sengar, his brother, and five others were convicted for the death of the rape survivor's father in judicial custody and were sentenced to 10 years’ imprisonment.

On July 31, the same judge had ruled out foul play and conspiracy in the a car accident that took place on July 18, 2019, in which the rape survivor and her lawyer were left injured while two of her aunts were killed, thereby refusing to take cognizance against Sengar in the case.

The court upheld a CBI investigation which ruled out foul play in the accident case. The judge prima facie noted that all the relevant aspects of the incident were ‘thoroughly inquired, scanned, and investigated by the CBI’.

“There are no grounds to suggest that investigation conducted by the CBI has been perfunctory, ill-motivated, or unsubstantiated in any manner," the court said.

Following a public uproar after the accident, the Uttar Pradesh police had registered a case of murder against Sengar and his aides in the case, but the CBI went on discard the possibility of any existing criminal conspiracy to commit murder or attempt to murder the victim and her family members.

However, the victim's uncle moved a protest petition challenging the findings. It was alleged that the accident was stage-managed at the behest of the accused Sengar to prevent her from giving evidence against him. It was also alleged that the accident was rather a deliberate act to kill the occupants of the car, which is fortified from the attempts made to deliberately tamper with the number plate of the truck involved in the mishap.

Putting in a word of caution, the judge clarified that the said observations is not to certify the CBI investigation and is neither 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."

Instead, the court framed charges against the truck driver for causing death by negligence.

The court cited statistics relating to deaths in road accidents whereby it remarked that only a handful of people abide by road safety measures. At the same time, the majority are known for reckless and negligent driving, flouting the traffic rules and norms, and it is only seldom that people get concerned with the rising road accidents and incidents of road rage.