CBI "deliberately" did not name expelled BJP MLA: SC

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The counsel for the Unnao rape survivor told a court here on Saturday that the CBI "deliberately" did not name expelled BJP MLA Kuldeep Singh Sengar and his brother as accused in the murder case of the woman's father.

The submissions were made before District Judge Dharmesh Sharma, who held a special hearing on a court holiday with the Delhi High Court's permission to comply with the Supreme Court's 45-day deadline to conclude the trial.

Appearing for the Central Bureau of Investigation (CBI), Senior Public Prosecutor Ashok Bhartendu denied the allegation and said the investigation officer collected the evidence in the case in all "fairness" and there was no "mala fide" intention on his part.

The court reserved its order on framing of charges for August 13 in the case of alleged assault and framing of the rape survivor's father in an Arms Act case in 2018.

Ten persons, including Sengar and his brother Atul Singh Sengar and three Uttar Pradesh police officers, have been named as accused in the CBI charge sheet.

During the day, the murder case of the survivor's father also came up before the court. Sengar and his brother have not been named as accused by the CBI in this case.

The CBI said though the charge sheet had been filed in the murder case, the probe was still going on.

"It cannot be said that the IO deliberately did not name the MLA and his brother Atul Singh Sengar as accused in the case and supported the accused. Evidence was collected in all fairness. There was no mala fide intention on his part," Bhartendu said.

"Till now, the CBI did not find anything against the MLA to be a common accused. If during the trial, the agency finds any evidence against the duo, a supplementary charge sheet will be filed," the public prosecutor said.

The counsel for the rape survivor and her family -- advocates Dharmendra Mishra and Poonam Kaushik -- alleged that the investigating officer did not probe the case properly.

"The father was allegedly beaten up badly and due to his injuries, he died in judicial custody. The IO deliberately filed two different charge sheets -- one in the case of assaulting and framing of false charges and the other in the murder case," Mishra said.

He further alleged that the MLA and his brother, along with their "accomplices", had assaulted the 19-year-old rape survivor's father and lodged a false FIR against him.

"The unnatural death of the father was due to the fact that he was badly beaten up and was not given proper medical care in custody. Hence, the role of the Sengars should be investigated," the council said.

During the proceedings, the court was also informed by the IO that "satisfactory" boarding and lodging arrangements were made for the rape survivor's mother and other family members.

"I find that satisfactory arrangements have been made for the boarding and lodging and three times' meals as also the security of the mother and other family members of the survivor and they have been provided four rooms, three on one floor and one on the other floor...efforts are being made to accommodate them on the same floor to avoid any inconvenience to them," the judge said.

The CBI had earlier told the court that the MLA and his "accomplices" had allegedly assaulted and framed the rape survivor's father in a case of illegal firearms possession.

Three police officials have been named as accused by the central agency in the case -- then Makhi police station in-charge Ashok Singh Bhadauria, Sub Inspector Kamta Prasad and Constable Amir Khan. They are presently out on bail.

The other accused persons are Shailendra Singh, Vineet Mishra, Birendra Singh, Shashi Pratap Singh, and Ram Sharan Singh.

The rape survivor's father died in judicial custody on April 9, 2018.

The court framed charges on Friday against Sengar, representing Bangermau in the Uttar Pradesh Assembly, for allegedly raping the woman in Unnao in 2017. The victim was a minor then. 

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