New Delhi: The Supreme Court on Monday allowed the criminal proceedings in the alleged rape of a Dalit girl by former Uttar Pradesh`s BSP MLA Purushottam Naresh Dwivedi in December 2010.
A bench of justices Aftab Alam and Ranjana Desai also shifted the trial fron Banda, in UP, to Lucknow and allowed CBI, which is investigating the case, to file chargesheet in the case.
The apex court had, while handing over the probe in the case from Uttar Pradesh Police to CBI on September 12 last year, stayed the court proceedings in Banda.
The court passed the order on a PIL filed by advocates Raja Ram and Irudaya Nathan seeking an independent probe and prosecution into the incident, alleging an impartial investigation was not possible in the case as the then ruling BSP legislator and his aides were involved.
Alleging that the police and judicial officers were trying to protect Dwivedi, they alleged the magistrate, in violation of the Juvenile Justice Act, had sent her to jail while she should have been sent to a juvenile care centre.
The 17-year-old Dalit girl was allegedly raped by Dwivedi in Banda on December 10 and 11, 2010 . The girl had escaped from his residence on December 12 when he allegedly attempted to rape her again.
The girl, however, was arrested after alleged false charges of theft were levelled by the legislator`s brother against her.
49-year-old Dwivedi, who was later arrested from Banda and suspended by Mayawati`s party, has denied all the charges.