Tis Hazari Court pulls up CBI while convicting Kuldeep Sengar. 5 stinging conclusion in court's order
Ex BJP MLA Kuldeep Sengar has been convicted in the infamous Unnao rape case where a minor girl was kidnapped and gangraped for over a week. The Judge in his judgement also made some critical conclusions after taking into consideration all the evidences and reports filed by the police and the CBI. The case dates back to June 4, 2017.
Conclusions made by the Tis Hazari Court Judge
Girl was a minor, her testimony of 'sterling quality'
The court concluded beyond a reasonable doubt that the girl, on the date of the commission of the offcence -- June 04 2017 -- was a minor. This is an important conclusion as it ensures that the guilty will now be charged under the POCSO Act. The Court also found that the testimony was of 'sterling quality' and absolutely truthful.
Kuldeep Singh Sengar sexually assaulted the girl
From CBI's inefficiency to stereotype outlook of rape: 5 startling conclusions made by Tis Hazari Court
After her testimony was found truthful, expelled BJP MLA was found guilty of sexually assaulting the girl in village Makhi. The court concluded the version of Kuldeep Senger of his movements was not in sync with the movements of his three sim cards in his 2 mobile phones.
CBI's faliure of explanation
From CBI's inefficiency to stereotype outlook of rape: 5 startling conclusions made by Tis Hazari Court
The court has concluded that the CBI did not explain the fact that when the investigation in the alleged kidnapping, illegal confinement and gang rape of the victim had been taken over by them on April 13 2018 and the entire investigation completed by July 2018, what prevented the CBI from filing chargesheet / final report without any further delay? The final report was filed by the CBI on October 3 2019, over 1 year and 3 months after the investigation was completed. The Court also found that information concerning the statements was selectively leaked by the authorities, attempting to put a cloud over the case of the victim. The court also said that huge data retreived from the two mobile phones of the accused was not examined by the CBI.
Senger's attempt to defame the character of the victim
The Court also found that the defence (Kuldeep Sengar) tried to defame the character of the victim by filing a separate case against the victim. The court recognises that this was a strategic move to divert the attention from the case at hand and 'demolish the character' of the victim.
Problem not with POCSO Act, but with its implementation
The Court in its conclusion said, "this case reflects that there is nothing wrong with the letter and spirit of the POCSO Act but with its not so effective implementation at the ground level due to multitudes of stereotypes outlook towards commission of sexual assault agaisnt children and women."
Also Read | Rapist Convicted: Ex-BJP MLA guilty of raping Unnao girl but how about true justice?
