New Delhi: A Delhi court has discharged former BJP MLA Kuldeep Singh Senger and five others in the 2019 accident case of Unnao rape survivor, saying that prima facie no charges are made out against him.
Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey discharged the accused observing that prima facie there is no evidence against the accused persons — Senger, Komal Singh, Arun Singh, Gyanendra Singh, Rinku Singh and , Awdesh Singh.
The court however ordered framing of charges against four other accused –Ashish Kumar Pal, Vinod Mishra, Haripal Singh and Naveen Singh — as there was prima facie sufficient evidence against them.
In its order passed on Monday, the court noted that the charge sheet did not find mention of any record or evidence regarding the criminal conspiracy between the accused persons ordered to be put on trial with the accused Sengar.
“Accused Ashish Kumar Pal is directed to be charged for offence punishable under section 304-A (causing death by negligence), 338 (causing grievous hurt by act endangering life or personal safety of others), 279 (rash driving on a public way) of IPC and accused Vinod Mishra, Haripal Singh and Naveen Singh are directed to be separately charged for offence punishable under section 506(ii) (threat to cause death) of IPC, read with Section 34 (common intention) of IPC, the court said.
According to the prosecution, a truck rammed into the vehicle in which the Unnao rape victim was travelling to Rae Bareli with her two aunts and lawyer in July 2019.
While her aunts succumbed to their injuries, the rape survivor and her lawyer were grievously injured.
The order also noted that Sengar was in judicial custody during the period when the alleged threat was extended to the victim or her family members.
Admittedly the case of prosecution was that he conspired with the other accused to extend the threat to the victim or her family members and he himself not extended any threat, the court said.
On August 1, 2019 the Supreme Court transferred the case to Delhi from a trial court in Uttar Pradesh.
Besides, on December 20, 2019, Sengar was sentenced to jail for the remainder of his natural biological life in a separate case for raping the minor in 2017.
On March 4, 2020, Sengar, his brother, and five others were also convicted for the death of the rape survivor’s father in judicial custody and were sentenced to 10 years imprisonment.
