On December 20, Special District Judge Dharmesh Sharma ruled that Kuldeep Singh Sengar, the expelled BJP MLA, will spend the "remainder of his biological life" in jail for raping a minor girl in Unnao in 2017. Shortly after, advocate Dharmendra Kumar Mishra conveyed the news to his client, the rape survivor, who was undergoing treatment at AIIMS, Delhi, for injuries sustained when a truck rammed into her vehicle on July 28 in Rae Bareli. "She told me 'aap jaise vakeel yadi honge toh desh ki betiyon ko zaroor nyay milega [The daughters of this nation will certainly get justice when there are lawyers like you]," recalls Mishra, while speaking with mid-day over the phone from the capital on Sunday.
The 130-day trial began in August and was conducted on a day-to-day basis at Tis Hazari District Court in Delhi till December. "He [Sengar] will need to be in jail till his last breath ," said Mishra, who took up the case unpaid when it had been shifted to Delhi after the death of her aunt and therefore the aunt's sister within the July 28 accident. The woman's lawyer was also severely injured and is undergoing treatment in Delhi, and therefore the survivor, now stable, is staying at a residence in Delhi provided to her on the orders of judge Sharma. "The CBI calls the death of the 2 women an 'accident' — but I say they were 'unnatural death' on road whose blotter has still not skilled the scrutiny of a court," said Mishra.
Speaking about the strong and expert team of defence lawyers hired by Sengar, Mishra said that they had legal difficulties of their own. "There were some vital turning points within the case. The thing is truth and facts aren't within the property right, apart from the operative a part of the judgment. the remainder is theory. truth fact is that the court's ruling that the survivor's testimony was unblemished and truthful in its entirety. The court's analysis of the technical and digital aspects of this case was one among the most turning points... It brought forth multiple facts, for instance, the reality about Sengar's movements on June 4, 2017, when he raped the girl. Sengar had, in his defence, claimed he wasn't at the crime scene, which was proven otherwise. The seizure of a tough disk and mobile phones were important also."
"In a POCSO case the onus is on the accused to prove his innocence after it's established that the victim may be a minor. during this case, the court rejected all the grounds stated by the accused to prove his innocence." Sengar was punished under Sections 376 (2) (i) of the Indian legal code also as Section 5 and 6 of POCSO. Mishra said, "The case sends a message to the society that if a complainant fights on despite hurdles and suffering, the system will do the required in ensuring justice is delivered."
No. of days the trial within the rape case went on