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The single-judge bench issued notice on the anticipatory bail plea filed by the petitioner-survivor and sought a status report from the State within six weeks.
The Delhi High Court recently ordered "no precipitate action" to be taken against the Unnao rape survivor in an FIR in which she and her mother have been accused of forging her date of birth (DoB) certificate to invoke offences under the Prevention of Child Sexual Offences Act (POCSO).
“In the meantime, subject to the petitioner appearing before the learned trial court as and when required, no precipitate action affecting the petitioner’s liberty shall be taken by the trial court, till the next date of hearing”, Justice Anup Jairam Bhambhani said.
The petitioner survivor a 21-year-old girl had moved a plea through Advocates R.H.A Sikander and Jatin Bhatt seeking anticipatory bail in a case registered on December 23, 2018, registered under Sections 419, 420, 467, 468, 471 of the Indian Penal Code at Makhi Police Station, Uttar Pradesh.
The single-judge bench issued notice on the plea filed by the survivor and sought a status report within six weeks and listed the matter for March 1, 2023.
The court was informed that the petitioner survivor appeared before the trial court on December 17, 2022; and the matter is stated to be listed next on January 9, 2023, for compliance with section 207 CrPC.
Advocate R.H.A Sikander appearing for the petitioner survivor submitted that the anticipatory bail application which was pending before the Allahabad High Court stands withdrawn on December 16, 2022.
The trial in the present case had been transferred to the court of the Sessions Judge, South-East District, Saket Court by the Supreme Court by an order dated September 2, 2022, in a transfer petition.
In 2019, the Delhi court sentenced Former BJP MLA Kuldeep Singh Sengar, an accused in the case, to imprisonment for the rest of his life for abducting and raping a minor girl.
Sengar was convicted 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 in the custody of a public servant subordinate to him.
Case Title: AS v. State
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