Delhi court denies criminal conspiracy in accident of Unnao rape survivor

A Delhi High Court has held up the Central Bureau of Investigation (CBI)'s investigation into the Unnao rape survivor's accident in 2019. In 2019, an over-speeding truck hit the car in which the survivor, her family and lawyer were travelling and killed her two aunts and injured her advocate. The CBI investigation, however, ruled out any foul play. The investigating agency concluded that there was no evidence for a criminal conspiracy between those named in the FIR, including expelled BJP MLA Kuldeep Singh Sengar, and the truck driver, cleaner, or owner of the offending truck.

The survivor's family had filed a complaint alleging conspiracy behind the accident. A murder case was also filed against the former MLA. District and Sessions Judge Dharmesh Sharma held that the complainant's objections read like an engrossing, thrilling story but were based on surmises and conjectures. It further noted that there are no grounds to suspect the fidelity, accuracy, and sincerity of the investigation conducted by the CBI and that the agency came out with a plausible version of the incident.

"I have no hesitation in holding the findings of the CBI in the charge sheet, that there is no case against the accused persons so as to take cognisance and proceed against them under Section 302 (murder) and 307 (attempt to murder) read with Section 120B (criminal conspiracy) of the Indian Penal Code (IPC), cannot be faulted," said the judge in an order dated July 31.

However, the judge framed charges of causing death by negligence and doing an act to endanger human life on the truck driver and charges of criminal intimidation against Sengar and his associates.

Sengar was awarded life imprisonment for raping the minor survivor and nine others on December 20, 2019, in a separate case. On March 4, 2020, Sengar, his brother, and five others were also convicted for the death of the rape survivor's father in judicial custody and were sentenced to 10 years imprisonment.