The Unnao rape survivor’s long-running legal battle

After settling that Sengar was not a public servant, the High Court prima facie held that he was nonetheless guilty under Section 3 of the Pocso Act, which deals with penetrative sexual assault and carries a minimum sentence of 10 years.Granting further relief, the court noted that since the offence occurred prior to the 2019 amendment to the POCSO Act, which raised the minimum punishment from seven years to 10, the earlier sentencing framework applied. Consequently, the court observed that Sengar had already served the minimum term.However, the High Court’s emphasis on safeguarding the fundamental rights of a convicted offender has struck a discordant note in a case where the survivor and her family have faced alleged intimidation and constant threats from a powerful political figure.Ever since the conditional bail was granted, there has been an outpouring of support for the Unnao rape survivor, who has repeatedly said she fears for her life.The trial court had earlier flagged serious lapses in the CBI’s investigation, stating that it was an “inescapable conclusion” that the agency did not conduct a fair probe. It observed that the CBI’s alleged laxity worked to the disadvantage of the survivor and her family and also questioned the delay in filing the charge sheet in the custodial death case against Sengar.The survivor’s struggle dates back to the initial inaction of the Uttar Pradesh police, which was criticised by the Allahabad High Court.“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 Sengar,” the court observed in April 2018.The court noted that the survivor’s father was allegedly assaulted by Sengar’s relatives and henchmen. Even the survivor’s uncle was implicated in a petty case and continues to languish in Unnao jail.Despite being grievously injured, the survivor’s father was declared “fit” by the then Unnao Chief Medical Officer, following which he was sent to jail. He later died in judicial custody.



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