Delhi HC directs not to take coercive action against rape survivor till next date
Dec 26, 2022
New Delhi [India], December 26 : The Delhi High Court has recently issued notice on the plea moved by the victim of the Unnao Gang rape case seeking anticipatory bail in a case of alleged forgery of date of birth.
The Delhi High Court has directed not to take any coercive action against the victim till the next date of the hearing.
The expelled BJP MLA Kuldeep Singh Sengar was convicted under the POCSO Act for the rape of a minor victim. He is serving a life sentence and his appeal is pending before the Delhi High Court.
Justice Anup Jairam Bhambhani issued notice to the State and granted six weeks' time to file a status report. The matter has been listed on March 1, 2023.
"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," Justice Bhambhani said.
The petitioner moved a plea through advocate Mehmood Pracha and Jatin Bhatt seeking anticipatory bail in a case registered on December 23 in 2018 under sections 419/420/467/468/471 of the Indian Penal Code (IPC) at Police Station Makhi in Uttar Pradesh.
The trial in the matter has been transferred to the Court of the Sessions Judge, South-East District, District Courts Complex, Saket, New Delhi by the Supreme Court through an order of September 2, 2022, passed in a transfer petition.
It was submitted that the petitioner is the victim in a case registered on June 20, 2017, at Police Station Makhi, U.P., but the husband of the accused in the said case has filed the present FIR, alleging that the petitioner and her mother had forged the date on the petitioner's birth certificate in related proceedings so that they could allege offences under the POCSO Act.
Advocate RHA Sikander, counsel for the petitioner submits that the anticipatory bail application that was pending before the Allahabad High Court stands withdrawn on December 16, 2022.
The counsel also submitted for the petitioner that she appeared before the trial court on December 17, 2022, and the matter is listed for January 9, 2023, for compliance with section 207 Cr.P.C (Supply of documents).
