The Supreme Court on Tuesday refused to entertain the Centre's plea to withdraw the CRPF security cover of the Unnao rape survivor.
"We make it clear that the CRPF cover for the victim shall continue till further orders of this court,” said a two-judge bench of the apex court comprising Justice Bela M Trivedi and Justice P B Varale.
The court, however, removed the CRPF security cover assigned to her family members and other witnesses, noting that the conviction has already taken place.
"We are of the opinion that protection granted by this court to the concerned persons at the relevant time may not be continued as the case has resulted in conviction," it said.
The Supreme Court clarified that the family members of the victims and other witnesses would be at liberty to approach local police if they still feel any threat.
During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati pleaded to the apex court that conviction had taken place in the case and sought permission to withdraw the CRPF security cover. Earlier, as per the apex court's order, the security cover was provided to the family members of the victim.
The Supreme Court had in its order earlier sought detailed responses from the Unnao rape survivor and her family members after hearing the Centre's plea seeking a direction to withdraw the CRPF security provided to them.
On hearing from the Centre that there was hardly any threat perception to the victim and family members, the bench of the top court, led by Justice Trivedi, had asked it to serve a copy of the application to the victim and her family members.
It may be recalled that on August 1, 2019, the top court, keeping in view the threat perception to the victim and her family members, directed that the rape survivor, her mother, other members of the family and their lawyer be provided CRPF security.
A trial court in Delhi had in December 2019 convicted the forner BJP (Bharatiya Janata Party) leader and MLA Kuldeep Singh Sengar to life imprisonment for kidnapping and raping the minor girl in Uttar Pradesh's Unnao area in 2017. It had sentenced Sengar to imprisonment for the remainder of his life and also imposed a fine of Rs 25 lakh on him.
The court found Sengar guilty of rape under section 376 (Rape) of the Indian Penal Code and sections 5(C) and 6 of the POCSO Act, holding that the victim's testimony was 'unblemished, truthful and of sterling quality'.
The Union of India, in its petition, filed before the top court, said that after conducting a thorough analysis and study of her security and threat, it came to a conclusion that no security cover is needed.
Ruchira Goel, lawyer appearing for the Uttar Pradesh government, submitted that the trial was transferred to Delhi following the apex court's order. When the top court asked Goel where the victim resides at present, she replied that the woman and her family stay in Delhi.
Seeking a direction to withdraw the CRPF personnel, the Centre said that the security cover may be provided by either the Delhi or Uttar Pradesh police.
It is to be noted that the top court also had directed the Uttar Pradesh government to provide ₹25 lakh as interim compensation to the rape survivor.
Sengar had last year moved the Delhi High Court seeking interim bail for two months for his daughter's marriage scheduled to be held on February 8, 2023.
According to the prosecution, the Unnao rape survivor, a minor, was kidnapped and raped by Sengar between June 11 to June 20, 2017. She was then sold for Rs 60,000, after which she was recovered at the Maakhi police station.
In August 2019, the Supreme Court transferred the trial in four cases relating to the Unnao rape case to Delhi and ordered that it be held on a day-to-day basis and completed within 45 days.
Sengar had also challenged the trial court's December 16, 2019 order that found him guilty of raping the minor girl and the December 20, 2019 order that sentenced him to 'life imprisonment till the remainder of his biological life'.