The Allahabad High Court today sought the CBI's response to an affidavit filed by mother of the Unnao rape victim alleging that the agency is not conducting a fair investigation into her husband's murder.
The high court also stayed the hearing under POCSO Act at Unnao in the rape case in which BJP MLA Kuldeep Singh Sengar is an accused along with others as the state counsel informed the court that the UP government has agreed to transfer the matter from Unnao to Lucknow following a CBI plea.
The CBI told the HC that the case is now before the Special CBI Court at Lucknow after it took over the investigation, and the matter under POCSO Act which is before an Unnao court should also be transferred to the CBI court in Lucknow.
After the UP government counsel said that the state was ready to transfer the case, the bench comprising chief justice DB Bhosale and justice Suneet Kumar stayed the hearing in the Unnao court, pending a decision on the CBI's transfer plea.
The court also directed CBI to file its reply on the affidavit by the mother of the victim alleging that the CBI is not conducting a fair investigation in her husband's murder case and the FIR registered by the agency is different from the version in her complaint.
The court fixed May 30 as next date of hearing.
The 17-year-old girl has alleged that she was raped by the MLA at his residence, when she had gone to meet him with a relative, seeking a job on June 4, 2017. In February, her family approached the court, seeking to include the MLA's name in the case , after which her father was booked by police under the Arms act on April 3 and put in jail on April 5.
Frustrated with the alleged inaction, the victim attempted self immolation in front of Uttar Pradesh Chief Minister Yogi Adityanath's residence on April 8. The next day, her father died in jail, with the postmortem report mentioning serious injuries on his body.
Sengar is accused of conspiring to kill the victim's father. At present, the MLA is lodged in jail.
Earlier on April 13, the court had directed a CBI inquiry in the matter and asked it to file a status report by May 2.
The court had also asked the CBI to expedite the investigation and do the needful in accordance with law.
It had taken cognizance of a letter written by a senior advocate demanding a court monitored investigation of the crime and treated it as PIL.
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