DELHI HIGH COURT: PROTECTED UNNAO RAPE SURVIVOR FROM COERCIVE ACTION IN CASE ALLEGING DATE OF BIRTH FORGERY

The Delhi High Court in the case AS v. State observed and has directed that no precipitate action be taken against Unnao rape survivor in an FIR being registered by husband of an accused, wherein it is alleged that the victim and the mother of victim had forged the date on her birth certificate for invoking offences under Protection of Children From Sexual Offences Act, 2012. 

The bench headed by Justice Anup Jairam Bhambhani observed and has issued a notice in the anticipatory bail plea moved by the victim and has sought response of the Delhi Police within a period of six weeks. The court observed and has stated that, subject to the petitioner appearing before the learned trial court as and when required, no precipitate action which will affect the liberty of petitioner and shall be taken by the trial court, till the next date of hearing. 

However, the court was also informed that on December 17 the petitioner victim had appeared before the trial court and the matter is listed next on 09.01.2023 for compliance of section 207 of Code Of Criminal Procedure. 

In the present case, an anticipatory bail plea was moved through Advocate Mehmood Pracha and Advocate Jatin Bhatt and it has been submitted that the husband of the accused woman has filed a “frivolous and vexatious complaint” against the victim and her family, to the effect that they have obtained a forged transfer certificate from her school to create a false record of her date of birth. 

It is stated in the plea that the F.I.R., which is on the face of it false, vexatious, and clearly motivated, in itself and the same does not disclose any offence, or any involvement therein which being on part of the Petitioner. It has been submitted by the counsel, Advocate R.H.A. Sikander appearing for the petitioner victim submitted that on December 16 the anticipatory bail application that was pending before the Allahabad High Court was withdrawn. However, the victim in 2017 has been repeatedly gang raped by former MLA Kuldeep Singh Sengar and his accomplices, when the victim was a minor. 

The court convicted Sengar for raping the victim and for murdering the victim’s father in connivance with police officers of Makhi, a village in Unnao district. The court also sentenced him for life imprisonment. 

The Supreme Court in September in the transfer petition moved by the survivor, transferred the trail in the matter to Saket Courts. 

Accordingly, the court listed the matter for hearing next on March 1, 2023.