The CBI was handed over the case by the state government nearly 10 months after the crime after a self-immolation bid by the victim in front of Chief Minister Yogi Adityanath's residence and the subsequent death of her father in jail from injuries allegedly inflicted by the brother of the MLA in April this year.
In its charge sheet filed in a special CBI court here today, the agency charged Sengar and his associate Sashi Singh with rape (section 3 and 4 of the Protection of Children from Sexual Offences Act), criminal conspiracy (IPC Section 120B), kidnapping (IPC sections 363 and 366), criminal intimidation (IPC section 506), the officials said.
They said during the three-month-long probe, the investigators found that the allegations levelled by the minor girl were tenable, prompting the agency to file the charge sheet against Sengar, a four-time MLA who enjoys immense clout in the area.
The CBI has alleged that the girl was raped by Sengar at this residence at Makhi village of Unnao district, nearly 70 km from the state capital, at around 8 PM on June 4, 2017. The girl was again kidnapped and raped by a separate group of accused between June 11 and June 20, 2017.
The officials said the state police did not probe allegations against Sengar for the rape that allegedly took place on June 4, 2017, but had filed an FIR related to gang rape that took place nearly a week later in captivity. The police registered an FIR only on April 12, 2018, the day it was to be handed over to the CBI.
Both the cases are being probed by the CBI now.
The agency's probe depended heavily on the "consistent" statements of the victim who stuck to her charges even before a magistrate where her statement was recorded under Section 164 of the CrPC, they said.
The sources said the agency found in the probe that the version given by the MLA allegedly did not match with the corroborative evidence.
They said claims of his location on the day of incident did not match with the records of his mobile phone and other corroborative evidence and failed to provide a legally tenable alibi for himself for the day when the incident allegedly took place.
The sources said it was a difficult case to crack as the crime took place at the residence of the accused nearly a year ago which was followed by another gang rape, making it difficult to gather forensic evidence from medical examination and crime scene.
Lack of any police probe in the incident allegedly involving the ruling party MLA made the case even more difficult as normally the CBI uses evidence initially collected by local police and subjects them to its own scrutiny, they said.
The role of doctors, police and officials of the district administration is still under probe, they said.
The victim has alleged that on June 4, 2017, she was raped by Sengar at his residence when she had gone to meet him, along with a relative, seeking a job.
In February, the girl's family had moved the court, seeking to include the MLA's name in the case. The state police registered a case on April 12, 2018 on the day of handing over probe by the CBI.
Subsequently, the victim's father was booked by the police under the Arms Act on April 3 and put in jail on April 5 where he died on April 9, 2018.
Frustrated with the alleged police inaction and coercion from influential people, the minor victim had attempted self-immolation in front of Chief Minister Adityanath's residence on April 8, 2018.
A video, purportedly showing the victim's father before his death accusing the MLA's brother of assaulting him, had gone viral. Several television news channels have also aired it.
The state government transferred the case to the CBI nearly 10 months after the crime, a day before the High Court was to pass order on handing over the probe, but could not save itself from the stinging observations from the Bench.
The High Court had slammed the inaction by the Uttar Pradesh government and the state police. The court underlined that in spite of complaint from the victim to Chief Minister Yogi Adityanath on August 17, 2017, no substantial action was taken by the police.
"The disturbing feature of the case is that the law and order machinery and the government officials were directly in league and under the influence of Kuldeep Singh," a bench of Chief Justice Dilip Bhosale and Justice Sunit Kumar said.
"The prosecutrix and her family members have been running from post to pillar but her complaint was not registered, despite approaching the chief minister. The influence of the accused is such that the circle officer also declined to lodge the report on the complaint duly forwarded by the office of the chief minister," it said.
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