The Unnao rape case is one of the most significant and shocking criminal cases in recent Indian history, highlighting issues of corruption, political power, and the safety of women in India. The case centres around a 17-year-old girl [minor] from Unnao, Uttar Pradesh, who accused Kuldeep Singh Sengar, a powerful BJP MLA, of raping her in 4th June 2017. Despite her repeated attempts to seek justice, the Unnao rape case was met with resistance from local authorities, leading to a series of tragic events of victims death by burning her alive.
When the CBI urged the Uttar Pradesh government Chief Minister Yogi Adityanath to take action against a bureaucrat and three police officers for undermining the rape case against Kuldeep Singh Sengar, the government took no action instead all three are been promoted.
It took 10 months for the case to gain nationwide attention on 9th April 2018, when the victim attempted self-immolation outside the residence of Uttar Pradesh Chief Minister Yogi Adityanath, protesting against the inaction of the police. This desperate act led to an investigation that revealed the extent of the alleged crimes and the abuse of power involved. The situation escalated further when the victim’s father was arrested, beaten in custody, and later died from his injuries, allegedly due to police torture.
The case took another tragic turn in July 2019, when a truck collided with a car carrying the victim, her family, and her lawyer, resulting in the deaths of two of her aunts and critical injuries to the victim and her lawyer. This incident was widely believed to be an attempt to silence the victim and her family.
After some months 17-year-old Unnao rape victim died on December 6, 2019, has sparked widespread grief and outrage. They beat her up, stabbed her and then set her on fire. This horrific incident occurred as the victim was on her way to a court in Rae Bareli for a hearing in the rape case. After being set on fire by five men, including two of her alleged rapists, she was airlifted to Safdarjung Hospital in Delhi with severe injuries, suffering from over 90 percent burns. Despite her courageous battle for life lasting nearly 40 hours, she succumbed to cardiac arrest on that fateful Friday night. Following her passing, her body was moved to the hospital’s forensic department for a post-mortem examination, after which it will be returned to her family. This heartbreaking incident occurred as she was on her way to a court hearing related to her rape case, highlighting the ongoing struggle for justice faced by victims. Chief Minister Yogi Adityanath has promised that her case will be expedited through a fast-track court, emphasizing the urgent need for justice in such heinous crimes after rape victims’ death. All the five individuals, including Harishankar Trivedi, Ram Kishore Trivedi, Umesh Bajpai, Shivam, and Shubham Trivedi, were apprehended shortly after the assault on the Unnao rape survivor. Kuldeep Singh and Shubham Trivedi is the main perpetrator.
The timing of her death coincided with the controversial police encounter of the accused in another high-profile case in Telangana, igniting a wave of reactions across the nation, ranging from support to condemnation. Chief Minister Yogi Adityanath has promised that her case will be expedited through a fast-track court, emphasizing the urgent need for justice in such heinous crimes.
The Unnao rape case is not only a story of a horrific crime but also a reflection of the broader challenges within India’s legal and political systems, where the powerful can often manipulate the system to their advantage. The case has had a significant impact on public consciousness, leading to widespread calls for justice and reforms to protect victims of sexual violence. This story tells the harrowing Unnao rape case, highlighting the brutal assault on a 17-year-old girl by a prominent politician and the subsequent struggle for justice amidst corruption and political influence. It explores the case’s impact on India’s legal system and public consciousness.
Despite MLA Sengar being incarcerated in Sitapur jail on various charges, the BJP government of UP maintained a show of solidarity that overlooked his criminal history. On June 6, 2019, following the general election, BJP’s Unnao MP Sachchidanand Sakshi, also known as Sakshi Maharaj, visited Sengar to express his gratitude for his electoral victory. He attributed his success to Sengar’s blessings, emphasizing the connection between them.
Incident Details and Description of the Unnao Rape Case
The Unnao rape case is a distressing example of the abuse of power and the challenges faced by victims of sexual violence in India. The victim reported that she was tempted by Shashi Singh along with her son, Shubham Trivedi with daughter Nidhi Trivedi, to relocate to Kanpur under the pretense of job opportunities. On June 11, 2017, a 17-year-old girl from Unnao, Uttar Pradesh, was allegedly raped by Kuldeep Singh Sengar, a sitting BJP MLA. The crime took place at Sengar’s residence in the village of Makhi, where the victim had gone seeking help to secure a job. On the same night of June 11, 2017, she accompanied Shubham Trivedi, who is accused of raping her multiple times, along with his driver, Awdhesh Tiwari after raped by Kuldeep Senger. Following the assault, the victim was attacked by unidentified individuals. This violent encounter further traumatized her and highlighted the dangers she faced as a victim of such a high-profile crime. In a shocking turn of events, it was reported that the victim was allegedly sold to a man named Brajesh Yadav for ₹60,000. This act underscores the severe exploitation and victimization that can occur in such cases. This incident underscores the grim reality of how influential individuals can manipulate systems to escape accountability, often leaving victims in a dire struggle for justice.
Charges Filed Against the Accused in Unnao Rape Case
Section 363 IPC (Kidnapping): This section deals with the offense of kidnapping a person with the intent to secretly and wrongfully confine them. It applies when a person is taken away without consent, particularly minors. The FIR under this section was registered against Kuldeep Singh Senger Shubham Trivedi and Awdhesh Tiwari.
Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc.): This section addresses the act of kidnapping or abducting a woman with the intent to force her into marriage or illicit sexual intercourse. It emphasizes the wrongful intent behind the abduction. The FIR under this section was also registered against Kuldeep Singh Senger and his brother Jaideep alias Atul Singh, Shashi Singh, Shubham Trivedi and Awdhesh Tiwari.
Section 376(2)(g) IPC (Gang Rape): This specific provision under the rape section provides for enhanced punishment for gang rape, which is defined as when a woman is raped by two or more persons. The law recognizes the severity of the crime and prescribes stricter penalties. The FIR under this section was also registered against Shivam and Shubham Trivedi and Kuldeep Singh Senger and his brother Jaideep alias Atul Singh raping her in December 2018.
Section 164 CrPC (Recording of confessions and statements): This section allows a Judicial Magistrate to record the statement of a victim or witness under oath. It ensures that the victim’s account is documented in a formal legal setting, which can be used as evidence in court.
Protection of Children from Sexual Offences Act (POCSO): This act provides a robust legal framework for the protection of children from sexual offenses. It includes provisions for the definition of sexual assault, punishment for offenders, and the establishment of special courts for speedy trials. The accused named in this FIR include Shubham Trivedi, Awdhesh Tiwari, Brijesh Yadav, Kuldeep Singh Senger and other unknown assailants.
These sections collectively address the serious nature of the allegations against the accused, focusing on the abduction and sexual assault of the victim, including the specific crime of gang rape.
Background Information on the Victim and the Accused
The Victim: The victim, a minor from a marginalized community, came from a socioeconomically disadvantaged background. Her position made her particularly vulnerable, not just to the crime itself but also to the subsequent threats and intimidation aimed at silencing her. Despite her courage in coming forward, the initial response from local authorities was marred by indifference and complicity with the accused.
Kuldeep Singh Sengar: Kuldeep Singh Sengar was a powerful figure in Uttar Pradesh politics, with significant influence over local law enforcement and administrative bodies. His position as a BJP MLA allowed him to allegedly interfere with the legal process, delaying investigations and intimidating the victim and her family. Sengar’s case represents the challenges that arise when the accused in a sexual violence case is a person of high power, highlighting the need for robust legal reforms to protect victims and ensure impartial justice.
Timeline of the Events Leading Up to the Unnao Rape Crime
June 4, 2017: The victim, in a vulnerable situation, approached Sengar for assistance with employment. Instead, she was allegedly raped by him at his residence. This crime, like many others, went unreported initially due to the victim’s fear of reprisal and the accused’s influential status. At last, the victim’s family filed a First Information Report (FIR) against Sengar and his accomplices. However, the police initially did not take action against the accused.
When the victim and her family attempted to file a complaint, they were met with resistance from local police, who were reluctant to register the case. This delay is a stark reminder of how victims of sexual violence often face additional victimization through institutional laziness and corruption.
April 3, 2018: The father of the victim is brutally assaulted by Jaideep alias Atul Sengar, the brother of the legislator, along with several others. A video of the assault is shared on social media, showing the victim’s father calling out Atul Singh’s name. Despite this evidence, Atul Sengar is not mentioned in the police report.
Following the assault, the victim’s father files a complaint with the police regarding the incident. Instead of receiving protection, he is arrested and sent to jail. The victim and her family continue to receive repeated threats from Kuldeep Singh Senger and his associates, while law enforcement turns a blind eye to their pleas for help.
April 8, 2018: The victim’s desperation culminated in a dramatic public protest, where she attempted self-immolation outside the residence of Uttar Pradesh Chief Minister Yogi Adityanath. This act was a cry for help, highlighting the extreme measures victims sometimes feel compelled to take when the legal system fails them. The public outcry that followed forced authorities to act, highlighting the power of media and public opinion in driving justice.
April 9, 2018: Following intense media scrutiny, the Central Bureau of Investigation (CBI) took over the case. Sengar was subsequently arrested and charged. During this period, it was also revealed that the victim’s father had been falsely implicated in a separate case, leading to his death in police custody. This tragic event illustrates how the powerful can weaponize the legal system against victims and their families.
July 2018: The Central Bureau of Investigation filed two chargesheets against Kuldeep Singh Sengar, a former MLA from Uttar Pradesh. The first charge of rape filed on July 11, 2018 which accused him. The second charge, filed two days later, accused Sengar, his brother, three police officers, and five other people of falsely accusing the rape survivor’s father of being the perpetrator.
July 17, 2019: The rape survivor and her family wrote a letter to the Chief Justice of India, Ranjan Gogoi, saying they felt threatened by Sengar and his men. The letter from the rape survivor to the Chief Justice became public.
July 28, 2019: In a shocking turn of events, a truck collided with the car carrying the victim, her family, and her lawyer, resulting in the deaths of two of her aunts and severe injuries to others. This incident, widely believed to be an attempt to silence the victim, highlights the ongoing threats that victims of powerful individuals face. The truck had license plates that were covered in black, and the police officers who were supposed to be providing security for the victim were not there. They said that there was no room for them in the car that the victim was traveling in.
July 31, 2019: The Supreme Court took notice of the letter and asked for a report about the delay in addressing it before the bench. The Supreme Court of India had to intervene, moving the case to a special court in Delhi and ordering protective measures for the victim and her family.
Aug 1, 2019: The Supreme Court moved five related cases to Delhi and ordered the trial court to finish the trial in 45 days.
August 2, 2019: The Supreme Court of India exercises its authority to transfer five criminal cases involving the victim and her family from the Lucknow CBI Court to the Delhi CBI Court. These cases include, the death of the victim’s father while in police custody, which occurred under suspicious circumstances after he was booked under the Arms Act by the police. Two separate incidents of gang rape that the victim endured, occurring one week apart from each other.
The significant legal developments in the Unnao rape case, particularly the Supreme Court’s intervention in transferring the cases to ensure a fair trial.
Aug 5, 2019: The trial began at Tis Hazari court.
Aug 9, 2019: The court charged Sengar and a woman named Shashi Singh with the rape.
Sep 11, 2019: A special court was set up at AIIMS (All India Institute of Medical Sciences) to record the rape survivor’s statement.
Nov 30, 2019: Shubham was in jail due to a rape case but was granted bail by Lucknow bench of the Allahabad High Court. After securing bail, Shubham began following and threatening the victim. The victim and her family visited the Bihar police station near Sindupur village in Unnao multiple times, but their complaints were ignored and they turned deaf ear to their complained. While on her way to a Rae Bareli court, the victim was abducted by five men. Eyewitnesses in Sindupur village later reported seeing her running towards them while ablaze, it was only when she approached him that he realized she had been badly burned. He also mentions that she was calling for help. The victim managed to run over a one kilometer seeking help before being noticed by villagers. A man working outside a house assisted her, and she called emergency services (112) using someone else’s mobile phone. The police response vehicle (PRV) and ambulance arrived and took her to hospital.
Dec 6, 2019: The rape survivor moved to a rented place in Delhi, arranged by the Delhi Commission for Women, as ordered by the trial court. Same day criminals beat her up, stabbed her and then set her on fire. This horrific incident occurred as the victim was on her way to a court in Rae Bareli for a hearing in the rape case. After being set on fire by five men, including two of her alleged rapists, she was airlifted to Safdarjung Hospital in Delhi with severe injuries, suffering from over 90 percent burns. She died on next day Friday.
Dec 10, 2019: The court reserved its judgment.
Dec 16, 2019: A Delhi court found Sengar guilty of raping a minor girl but acquitted Shashi Singh.
Sentencing and Its Implications
Dec 20, 2019: In light of the gravity of the crime and the vulnerability of the victim and her family, the Supreme Court, in the case of K.S. Sengar v. State of Uttar Pradesh, ordered the Uttar Pradesh government to provide interim compensation of ₹25,00,000 (about $30,000) to the victim. Shortly thereafter, on August 18, 2018, a key witness in the case, Yunus, died under mysterious circumstances. Notably, the police did not conduct a post-mortem examination.
The court also ordered that an additional ₹10 lakh be paid as compensation to the mother of the rape survivor. If this amount is not provided, the State Government of Uttar Pradesh would be required to pay the funds to the victim from its own resources.
Role of Law Enforcement in Unnao Rape Crime
Initial Response of Local Police and Authorities
The initial response of local police and authorities in high-profile cases, such as the Kuldeep Sengar case, often sets the tone for the investigation and public perception. In this instance, the local police were criticized for their slow response and lack of urgency in addressing the allegations made by the rape survivor. Reports indicated that the police did not take the survivor’s complaint seriously at first, which contributed to a sense of mistrust among the public. The survivor’s family faced significant challenges in getting the police to act, leading to accusations that the local authorities were either indifferent or complicit in the alleged crimes.
An FIR (First Information Report) against Sengar was filed after eight months later in April 2018. This was also done after the victim attempted to set herself on fire outside the chief minister’s residence in Lucknow to protest against the police for lack of action. The two police sub inspectors were found guilty of criminal conspiracy and destroying evidence by CBI.
Allegations of Police Inaction or Misconduct
Allegations of police inaction and misconduct were widespread in the aftermath of the case. Critics pointed to a pattern of negligence, suggesting that local law enforcement failed to follow proper protocols when handling the survivor’s complaint. There were claims that the police did not register the FIR promptly and that they were influenced by political connections, given Sengar’s status as a prominent political figure. Additionally, the arrest of the victim’s uncle in an unrelated case raised further questions about the integrity of the police investigation and whether there was an attempt to intimidate the victim’s family.
The Central Bureau of Investigation (CBI) had discovered, as reported by the Wire in early September, that the survivor of the case, along with her mother, sister and deceased father, had made strong pleas to DM Aditi Singh and two successive SPs, Neha Pandey and Pushpanjali Devi, former additional superintendent of police Ashtbhuja Singh seeking justice. However, all four officials attempted to weaken the case against Sengar who had initially only been charged with kidnapping.
In an interview with Newslaundry, Surya Pratap Singh, a retired government official and spokesperson for the Tribal Army, addressed the issue, stating, “The main point is this: the Yogi government wanted to protect Sengar. The Yogi government wanted to protect Chinmayanand. The Yogi government wants to protect the perpetrators in Hathras.”
Public and Media Reaction to Law Enforcement’s Role
The public and media reaction to law enforcement’s role in the Sengar case was overwhelmingly critical. Media coverage highlighted the failures of the local police and called for accountability. Public protests erupted, demanding justice for the survivor and criticizing the systemic issues within law enforcement that allowed such misconduct to occur. The case became a rallying point for discussions about women’s safety, police accountability, and the need for reforms in how sexual assault cases are handled. Social media campaigns also gained attraction, amplifying the voices of those calling for justice and reform.
Changes in Law Enforcement Practices Following the Case
In response to the widespread criticism and public outcry, there were calls for significant changes in law enforcement practices. The case prompted discussions about the need for better training for police officers in handling sexual assault cases, emphasizing sensitivity and urgency. Additionally, there were proposals for establishing specialized units within police departments to deal with such cases more effectively. The incident also led to a broader examination of the legal framework surrounding sexual violence in India, with advocates pushing for reforms to ensure that victims receive the support and protection they need. Overall, the Sengar case served as a catalyst for change, highlighting the urgent need for law enforcement agencies to improve their practices and restore public trust.
The government of Uttar Pradesh, led by Ajay Bisht, also known as Adityanath, has not yet taken any noticeable action against the three IPS officers. Instead, it gave one of them a favorable job placement just three weeks after receiving a letter from the CBI. The Adityanath government also cleared the bureaucrat, Aditi Singh of any wrongdoing on September 29th.
These points reflect the complexities and challenges faced by law enforcement in high-profile cases, as well as the societal implications that arise from their actions or inactions.
CBI Involvement and Investigation
The Chief Justice of India led a bench of the Supreme Court and ordered those five cases related to the Unnao incident be transferred to Delhi, specifically to the court of the District and Sessions Judge in West District, Tis Hazari Court. The court also directed that protection be provided to the victim and her family members, her lawyer, and his family members.
Reasons for the Central Bureau of Investigation (CBI) Taking Over the Case
Jurisdictional Issues: The CBI often takes over cases that involve inter-state implications or where local law enforcement may lack the resources or expertise.
Public Interest: High-profile cases that attract significant media attention or public outcry may prompt the CBI to step in to ensure a thorough investigation.
Allegations of Corruption: If there are allegations of corruption or misconduct involving local authorities, the CBI may be called in to maintain the integrity of the investigation.
Complexity of the Case: Cases that involve intricate financial fraud, organized crime, or terrorism may require the specialized skills and resources that the CBI possesses.
Challenges Faced During the Investigation
Political Pressure: Investigators have faced pressure from political entities or influential individuals that can hinder the investigation.
Resource Limitations: Although the CBI is a premier investigative agency, it still faces challenges related to manpower and technological resources.
Witness Cooperation: Gaining the trust and cooperation of witnesses can be difficult, especially in sensitive cases where individuals fear retaliation.
Legal Hurdles: The legal system, including obtaining warrants and dealing with jurisdictional issues, had complicated investigations.
The CBI plays a crucial role in investigating complex and high-profile cases in India. Its involvement often leads to more thorough investigations and can significantly influence the outcomes of legal proceedings. For specific cases, you may want to look at recent news articles or Wikipedia entries related to particular investigations to gather detailed information.
Supreme Court’s Verdict in the Unnao Rape Case
Details of the Legal Proceedings and Trial
On 13 April 2018, Kuldeep Sengar was taken in by the CBI for questioning. Later that day, following an order from the Allahabad High Court, he was arrested and subsequently spent a week in judicial custody, during which new FIRs were registered. The following day, on 14 April, Shashi Singh was also arrested; she allegedly took the survivor to Sengar on the same day as the incident.
The uncle of the rape victim, who had launched a campaign accusing Sengar of raping his niece and causing the death of his elder brother, was arrested on November 21, 2018 in connection with a gun-firing case from 18 years ago. Furthermore, on 2 August 2019, the same court also ordered that Mahesh Singh, the uncle of the rape victim and considered to be a crucial witness in the case, be moved from Raebareli Jail to Tihar Jail in Delhi where he can remain safe from Senger.
The trial was transferred from Uttar Pradesh to a special court in Delhi by the Supreme Court of India in August 2019. This decision came after multiple allegations of harassment and threats faced by the victim and her family. The trial began promptly, with daily hearings as per the directions of the Supreme Court to ensure a speedy trial.
In the Unnao rape case, the Supreme Court of India formed a bench to address various aspects of the case, including the safety of the victim and the need for a fair trial. The bench comprised the following judges:
1. Chief Justice Ranjan Gogoi (Main Judge)
2. Justice Deepak Gupta
3. Justice Aniruddha Bose
The Supreme Court, in its findings, emphasized the following:
Safety of the Victim: The Court ordered that the victim and her family be provided with adequate security due to the threats they faced from the accused and their associates.
Transfer of Trial: The Court directed that the trial be moved to a different location to ensure a fair trial, given the high-profile nature of the case and the potential for local influence on the proceedings.
Timely Justice: The Court stressed the need for a speedy trial and directed that the case be concluded within a specified timeframe of 45 days put to ensure justice for the victim.
These findings were aimed at ensuring that the victim received justice and that the legal process was conducted fairly and without external pressures.
Key Arguments Presented by the Prosecution and Defence
The prosecution argued that Sengar had raped the minor victim at his residence in Unnao in 2017. The case hinged on the testimony of the victim, corroborated by medical evidence and the statements of witnesses. The prosecution also highlighted the intimidation tactics used by Sengar and his associates to silence the victim and her family.
On the other hand, the defence attempted to discredit the victim’s testimony, arguing that the accusations were politically motivated. They contended that there was a lack of substantial evidence directly linking Sengar to the crime and questioned the credibility of the victim’s account.
Final Verdict Delivered by the Court
On December 16, 2019, the special court in Delhi found Kuldeep Singh Sengar guilty of raping the minor under the Protection of Children from Sexual Offences (POCSO) Act. The court ruled that the prosecution had successfully proven the charges against Sengar beyond a reasonable doubt, rejecting the defence’s arguments of a political conspiracy. The Supreme court emphasized the victim’s bravery in coming forward and the importance of delivering justice despite the power dynamics involved.
On December 20, 2019, Kuldeep Singh Sengar was sentenced to life imprisonment by the special court, with the judge stating that the sentence should serve as a deterrent to those in positions of power who believe they can escape justice. Additionally, the court imposed a fine of ₹25 lakh on Sengar, with ₹10 lakh directed towards compensation for the victim, in accordance with the provisions established by the Criminal Procedure Code, 1860 (CrPC).
In March 2020, Sengar was convicted of responsible homicide and being involved in a criminal conspiracy regarding her father’s death.
The sentencing was seen as a landmark judgment in India’s legal system, underscoring the judiciary’s commitment to holding powerful individuals accountable but still he did not get death sentence as Nirbhaya case recommended in death of victim. It also sparked conversations about the need for systemic reforms to protect victims of sexual violence, especially those targeted by influential perpetrators.
Understanding the Consequences of Rape and Legal Reforms
The Unnao rape case is not just a story of individual suffering; it is a reflection of the systemic failures that allow such crimes to occur and go unpunished. The legal points arising from this case highlight the need for:
Stronger Victim Protection Laws: Ensuring that victims and their families are protected from intimidation and harm during and after legal proceedings.
Judicial Reforms: Streamlining the legal process to prevent undue delays and ensuring that cases involving powerful individuals are handled with impartiality and speed.
Police Accountability: Reforming police practices to ensure that all reports of sexual violence are taken seriously and investigated thoroughly, regardless of the accused’s social or political standing.
Public Awareness and Education: Increasing awareness about victims’ rights and the legal avenues available to them, helping to empower victims to come forward without fear of retribution.
Make Strong Victims’ Rights
In the wake of such high-profile cases, there has been a growing emphasis on reinforcing the rights of victims of sexual violence:
Right to be Heard: Ensuring that victims have a voice in the legal process and that their concerns are taken seriously.
Right to Protection: Legal provisions for the physical safety of victims and their families.
Right to Privacy: Protecting the identity of victims to prevent further trauma and social stigma.
Right to Legal Aid: Providing victims with access to free legal assistance and make them understand the complexities of the justice system.
The Unnao rape case serves as a critical reminder of the need for continued efforts to reform the legal system, protect victims, and ensure that justice is not just a theoretical concept but a lived reality for all, regardless of their social or economic background.
