Survivor seeks to submit additional evidence, including school records on age.
High Court lists plea for February 25, documents to be filed by January 31.
Move comes amid allegations of media campaign and lapses in CBI probe.
The survivor in the Unnao rape case on Thursday moved the Delhi High Court with a prayer to lead further evidence against former Uttar Pradesh BJP MLA Kuldeep Singh Sengar.
Sengar was convicted and sentenced to life imprisonment in the case.
The survivor’s application came for hearing before a division bench of Justice Prathiba M Singh and Justice Madhu Jain. It has been listed for hearing on February 25.
Sengar’s sentence was suspended and he was granted bail on December 23. However, the Supreme Court had stayed the order on December 29 following protests by activists and the survivor.
The victim has filed the fresh application to lead evidence in the appeal filed by Sengar in 2020, challenging his conviction and the trial court order sentencing him to life imprisonment. The Court noted that the appeal is in the final stage of hearing.
Her plea also sought a direction to further record evidence of two officials from her school in Unnao to certify her date of birth. She alleged that Sengar influenced the investigation and used forged and false documents about her age in the trial, which were now also being relied upon in appeal.
Appearing for the victim, advocate Mehmood Pracha said that the victim prays for recording of further evidence and production of further documents, including her date of birth, as per the school records. Speaking to Outlook, Pracha said: “We are simply in the pursuit of truth and will try everything that the law permits us. Earlier, Sengar had filed an application like this and we did not place any objection to it. This is because are confident of our evidence. But they soon withdrew their application. Now, when we are doing the same, they should have no objection to it whatsoever.”
Perusing the application, the Court noted that no documents were attached to the application. It, thus, directed the victim to file the relevant documents by January 31.
Explaining why they filed the application now, Pracha alleged that “they felt a deliberate campaign was being launched against the ‘victim’”. “Interviews of a lawyer, who is Sengar’s daughter, are being circulated in the media. We want to counter all this. Also, from the very beginning we have pointed to the lapses in the CBI investigation. We have held that CBI, through its investigating officer, has been hand in glove with the accused, who is powerful and has all the state machinery to favour him,” Pracha said.
The Court also directed Sengar as well as the CBI to file a reply to the application within two weeks. Senior Advocate N Hariharan appeared for Sengar.
Earlier, while suspending Sengar's sentence, the Court had held that the offence, under Section 5(c) of the POCSO Act, was not made out against him. It held that, at a prima facie stage, the offence did not qualify as aggravated penetrative sexual assault under Section 5 of the Act.
The trial court had earlier convicted Sengar for aggravated penetrative sexual assault on the ground that he fell within the definition of a public servant.
Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao, Uttar Pradesh. He was sentenced to life imprisonment. The case had drawn nationwide attention. The survivor and her family alleged sustained harassment and intimidation by the former legislator and his associates. Several related cases like those involving attacks on her family members, were also investigated by the CBI on the directions of the apex court.
Sengar is also serving a 10 year sentence since 2020 in a separate case related to the culpable homicide of the survivor’s father.
