Home Legal News [Hathras Gang Rape] Transfer Probe to CBI/SIT, Transfer Trial From UP to Delhi: Petition in SC

[Hathras Gang Rape] Transfer Probe to CBI/SIT, Transfer Trial From UP to Delhi: Petition in SC

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A petition has been filed before the Supreme Court highlighting police complicity in the Hathras gang rape case and has sought the transfer of investigation in the rape case to Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) monitored by a sitting or retired Supreme Court or High Court Judge.

Additionally, a prayer has been made to transfer the trial of the case to Delhi and out of Uttar Pradesh to ensure speedy trial.

Background of the Hathras gang rape case

The incident took place on September 14. According to the victim’s family, she was working in a field along with her mother and brother, plucking grass. Her brother returned home with a bundle of grass while she remained in the field with her mother.

The mother and daughter were at some distance in the field. The mother realised after some time that the victim was missing. She went looking for her and found her in an unconscious state.

The family said four to five people attacked her from behind, gagged her with her dupatta and dragged her to a bajra field where they gang raped her. Her neck was grievously injured.

The 19-year-old victim died on Tuesday in Delhi’s Safdarjung Hospital two weeks after she was gang raped and tortured. She had suffered multiple fractures, paralysis and a gash in her tongue in the horrific assault. The victim was cremated by policemen last night.

Contentions by the Petitioner

The petition has been filed by Advocate Pradeep Kumar Yadav through Advocate Sanjeev Malhotra before the Supreme Court. It raises questions about the role played by police personnel in the horrific case that shook the nation.

Several reports hinted at the police’s failure to take timely action in the matter in terms of registration of FIR and recording of the victim’s statement. Further, attempts were reportedly made to underplay the incident as a dispute between villages. In this regard, the petition states,

“…the Police Authorities had not performed their duties towards the victim and trying to shield the accused persons for reasons best known to them.”

Additionally, the Delhi Commission for Women (DCW) today wrote to Chief Justice of India SA Bobde and other judges of the Supreme Court urging the court take cognizance of the gang rape of the Dalit victim.

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