Case Study: Unnao Rape Case
Introduction
The Unnao rape case involved the sexual assault of a 17-year-old minor girl by then BJP MLA Kuldeep Singh Sengar in the Unnao district of Uttar Pradesh. Several others, including his brother and associates, were also implicated. This crime occurred on 4th June 2017 and led to nationwide outrage due to the abuse of political power, delayed justice, and systemic failure.
Events Timeline
- June 4, 2017: The minor girl was raped by BJP MLA Kuldeep Singh Sengar at his residence.
- April 3, 2018: The survivor's father was assaulted by Sengar's aides and later arrested under false charges of possessing illegal firearms.
- April 9, 2018: The survivor's father died in judicial custody due to internal injuries.
- April 8, 2018: The survivor attempted self-immolation outside the Chief Minister's residence in Lucknow, which drew national attention.
- July 28, 2019: The survivor, her lawyer, and two aunts were involved in a suspicious road accident. Her aunts died and her lawyer was critically injured.
- CBI Investigation: Following public outcry, the case was handed over to the Central Bureau of Investigation (CBI), which confirmed that the survivor was a minor when the crime took place.
- Judicial Transfer: The Supreme Court of India directed the transfer of the trial from Uttar Pradesh to a Delhi court to ensure the survivor's safety and expedite the trial.
Case Details
Date of Incident: 4th June 2017
Location: Unnao District, Uttar Pradesh
Victim: 17-year-old girl
Accused:
- Kuldeep Singh Sengar (MLA, BJP)
- Atul Singh (his brother)
- Shashi Singh (associate)
- Others including police officials
How the Incident Took Place
Shashi Singh allegedly took the survivor to the residence of Kuldeep Singh Sengar under the pretext of helping her secure employment. There, the survivor was sexually assaulted by Sengar. Despite repeated attempts by the family to file an FIR, police action was delayed, allegedly due to Sengar's political influence. After the assault, threats and harassment of the survivor's family intensified. Her father was beaten and falsely imprisoned, ultimately leading to his death in custody.
A suspicious truck collision in 2019 further endangered the survivor's life, leading to a public outcry and demands for justice. The investigation and trial were subsequently taken over by central agencies and the judiciary in Delhi.
Forensic Evidence
- DNA Profiling: Samples were collected from the accused and matched with biological material obtained from the survivor's belongings, including clothing.
- Postmortem of Survivor's Father: Confirmed death due to internal bleeding and injuries sustained from physical assault.
- In-camera Testimony: The survivor’s testimony was recorded under high security at AIIMS Delhi.
Conviction
Kuldeep Singh Sengar was charged under multiple sections of Indian law, including:
- IPC Section 363: Kidnapping
- IPC Section 366: Abduction
- IPC Section 376(1): Rape
- IPC Section 120-B: Criminal Conspiracy
- IPC Section 109: Abetment
- POCSO Act, Sections 3 & 4: Penetrative sexual assault against a minor
The court also ordered:
- Compensation: ₹25 lakh to be paid to the survivor by Sengar
Verdict
On December 16, 2019, Delhi’s Tis Hazari Court found Kuldeep Singh Sengar guilty of raping the minor. On December 20, 2019, the court sentenced him to life imprisonment for the remainder of his natural life. In a separate case, Sengar's brother Atul and others were sentenced for the custodial death of the survivor’s father.
References
- NDTV: Unnao Rape Case - Kuldeep Sengar Gets Life Term
- India Today: Unnao Rape Case - Kuldeep Singh Sengar Sentenced to Life Imprisonment
- Frontline: Unnao Rape Case
- Hindustan Times: Unnao Rape Survivor's Case
- New Indian Express: Unnao Rape Case - Kuldeep Sengar Convicted
- India Today: Unnao Rape Case - CBI Files Charge Sheet
