UP constable moves HC over charges against him in murder of Unnao rape survivor's father

New Delhi: An Uttar Pradesh Police constable moved the Delhi High Court on Wednesday 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.

The plea has been listed for hearing on Thursday before Justice Sanjeev Sachdeva.

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. The lower court is also scheduled Thursday to commence trial in the alleged murder of the rape survivor's father and illegal arms case against him.

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.