Murder case of Unnao rape survivor's father: CBI reply sought on UP cop's plea

New Delhi: The Delhi High Court Thursday sought CBI's response on a plea by an Uttar Pradesh Police constable challenging framing of charges against him for the alleged murder of the Unnao rape survivor's father and having framed him for possession of illegal arms.

Justice Sanjeev Sachdeva issued notice to the CBI and listed the plea for further consideration on August 30.

The high court also called for digital records of the trial court in the case.

Amir Khan, who is in judicial custody, sought quashing of framing of charges, including murder and criminal conspiracy, against him alleging that the August 13 order was "illegal, improper, prejudicial and against established principles of criminal procedure code".

"The trial judge in the impugned proceedings order and charges framed admitted that there is no role of the petitioner in the conspiracy of assaulting/ beatings to the survivor's father. Thus, making the police officials including petitioner (Khan) liable for murder is untenable illegal," the plea said.

His counsel argued in the high court that Khan's role was confined to lodging of FIR and that he signed the memo of recovery of weapon.

The woman, allegedly raped by expelled BJP MLA Kuldeep Singh Sengar in 2017 when she was a minor, is battling for life after a truck rammed into her car in Uttar Pradesh's Rae Bareli on July 28, killing two of her aunts. Her lawyer was also injured in the accident.

In the case related to her father's death, the trial court on August 13 had charged Sengar and nine others for the offences punishable under sections 302 (murder), 506 (criminal intimidation), 341 (wrongful restraint), 120B (criminal conspiracy) and 193 (false evidence) of the IPC and under section 25 of the Arms Act.

The charges framed against them also included sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 166 (public servant disobeying law, with intent to cause injury to any person) and 167 (public servant framing an incorrect document with intent to cause injury) of IPC.

The court had also cancelled the bail of three UP police officials -- the then Makhi police station's in-charge Ashok Singh Bhadauria, Sub Inspector Kamta Prasad and Khan -- accused in the case, and sent them into custody after the charge of murder was framed against them.