SC asks CBI to probe Banda ‘rape’ case

A bench of Justices Aftab Alam and RM Lodha stayed court proceedings in the case in Banda and directed the Uttar Pradesh Police to hand over the investigation to the agency.

The families of both the victim as well as Dwivedi have welcomed the order. Both have alleged the police were unfair to them.

The court passed the order on a PIL filed by advocates Raja Ram and Irudaya Nathan who sought an independent probe into the incident. They alleged that impartial investigation was not possible in the case as the ruling BSP legislator and his aides were involved.

The 17-year-old Dalit girl was allegedly raped by Dwivedi in Banda on December 10 and 11 last year. The girl was arrested after alleged false charges of theft were levelled by the legislator’s brother against her.

The girl’s family claims that besides Dwivedi,there were other accused whom the police let them off and framed her in a false case of theft under the MLA’s influence.

On the other hand,the MLA’s family claims that he is innocent and was named in the case for political reasons.

Dwivedi was arrested from Banda and suspended by the BSP. He has been in jail since January 13. One of his associates is also behind bars while three others have got bail.

“The police threatened me not to make an issue of the rape and also beat me up. Later,a rape case was registered but the police took no action against their colleagues. Now they will also be booked,’’ said the girl’s father Achhey Lal. He said he had always wanted a CBI inquiry. The MLA’s advocate Dinesh Dixit said they,too,always wanted a CBI inquiry. “The MLA’s wife,Asha Dwivedi,had sent a letter to the Governor for a CBI investigation or a judicial inquiry,’’ he said.

The MLA’s younger brother,Avadh Naresh Dwivedi,said the case had been lodged to malign the image of his brother.

“My brother’s name for a BSP ticket for his constituency Naraini was cleared on December 25 and immediately opposition leaders started a campaign against him,’’ said Avadh Naresh.

The girl,said to be 17 years old and,therefore a minor,had allegedly eloped with a youth and was later found by Achhey Lal with the help of the MLA. On December 8,Achhey Lal left the girl to work as a maid at the MLA’s residence. On the intervening night of December 12 and 13,the girl escaped from the MLA’s house.

On December 14,she was arrested by the Banda police for allegedly stealing cash and a mobile phone from the MLA’s house. The police produced her in local court which sent her to jail. A few days later,the girl’s father and brother Santu,after meeting her in jail,alleged that she was raped by the MLA and his associates and the police framed her in the case of theft to protect them.

On January 12,an FIR was lodged against the MLA and his associates on court orders. The next day,the state government ordered an investigation by the CB-CID and Dwivedi was arrested.

On January 15,the Allahabad High Court,taking notice of media reports,suo moto ordered the release of the girl. The same day,the state government announced that the case against the girl would be withdrawn and she would be released.

On January 20,the CB-CID filed a chargesheet against the MLA and others on charges of rape,causing hurt,wrongful confinement and criminal intimidation. Besides the MLA,those named in the case are Suresh Neta,Rajen Shukla,Ram Naresh alias Rawan and Virendra Garg.

Charges against the accused are yet to be framed and the case in pending in the court of Additional District Judge BK Srivastava. Except Ram Naresh alias Rawan,the MLA’s associates are presently out on bail. Dwivedi’s bail application is pending in the Allahabad High Court. (With ENS Delhi)