Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery

The Delhi High Court has directed that no precipitate action be taken against Unnao rape survivor in an FIR registered by husband of an accused, alleging that the victim and her mother had forged the date on her birth certificate for invoking offences under POCSO Act.

Justice Anup Jairam Bhambhani issued notice in the anticipatory bail plea moved by the victim and sought response of the Delhi Police within a period of six weeks.

"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," the court ordered while listing the matter for hearing next on March 1, 2023.

The court was informed that the petitioner victim had appeared before the trial court on December 17 and the matter is listed next on January 9, 2023 for compliance of section 207 of Cr.P.C.

In the anticipatory bail plea moved through Advocates Mehmood Pracha and Jatin Bhatt, it has been submitted that the husband of the accused woman has filed a "frivolous and vexatious complaint" against the victim and her family, to the effect that they had obtained a forged transfer certificate from her school to create a false record of her date of birth.

"The F.I.R., which is on the face of it false, vexatious, and clearly motivated, in itself does not disclose any offence, or involvement therein, on part of the Petitioner," the plea states.

Advocate R.H.A. Sikander appearing for the petitioner victim submitted that the anticipatory bail application that was pending before the Allahabad High Court was withdrawn on December 16.

The victim was repeatedly gang raped in 2017 by former MLA Kuldeep Singh Sengar and his accomplices, when she was a minor.

Sengar was convicted for raping the victim and for murdering her father in connivance with police officers of Makhi, a village in Unnao district. He has been sentenced to life imprisonment.

The trial in the matter was transferred to Saket Courts by the Supreme Court in September in the transfer petition moved by the survivor.

Title: AS v. State

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