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Synopsis

The survivor of the 2017 Unnao rape case has moved the apex court for transfer of a criminal case filed by the father of one of the accused in her sexual assault case from a trial court in Uttar Pradesh to Delhi, the Hindustan Times reported.

The plea before the Supreme Court has alleged the counter judicial proceedings against the victim have been initiated in the Unnao court with the intention of using it as a defence against the rape case.

The report stated that a local court in Unnao has issued a non-bailable warrant against the victim on a criminal complaint of alleged cheating and forgery filed by the father of Shubham Singh, one of the accused being tried in the Unnao gang rape case in a Delhi court.

The Supreme Court, in 2019 took cognizance of the victim’s letter to then Chief Justice of India, Justice Ranjan Gogoi, and transferred all five cases registered in connection with the Unnao rape incident from Lucknow to Delhi. The apex court further directed the Delhi court to hold daily hearings and complete the trial within 45 days.

In 2019, the Delhi court sentenced Kuldeep Singh Sengar, an accused in the case, to imprisonment for the rest of his life for abducting and raping a minor girl at Unnao.

The trial court convicted Sengar under various provisions including Section 376 (2) of the Indian Penal Code which deals with a public servant who takes advantage of his official position and commits rape on a woman in his custody or in custody of a public servant subordinate to him.

The trial court awarded him the maximum punishment of life term, stating that the convict will remain in jail for the “remainder of his natural biological life”, and also imposed a fine of ₹25 lakh on him.

Sengar’s appeal against the conviction and the sentence is still pending in the Delhi High Court. The High Court has recently sought the response of the CBI.