Banda rape case: CBI files case against BSP MLA
New Delhi: CBI on Thursday registered a case
against BSP MLA Purushottam Dwivedi and four others in the
alleged rape of a minor Dalit girl in Banda district of Uttar
Pradesh in December last year.
The Supreme Court on September 12 had directed the CBI to
take over probe into the case as allegations were levelled
that Dwivedi being a ruling party MLA used his influence in
the administration to dilute the probe.
"On the directions of Hon'ble Supreme Court of India, the
Central Bureau of Investigation has registered a case against
a Uttar Pradesh MLA and four other private persons U/s 376,
354, 323, 504 and 506 of IPC relating to a case in Banda (UP)
in which a minor was allegedly raped. The case was earlier
registered by the local Police and later was investigated by
CB-CID of UP," CBI spokesperson Dharini Mishra said here.
The sections relate to rape, assault for outraging the
modesty of a woman, voluntarily causing hurt, intentional
insult and criminal intimidation.
The 17-year-old Dalit girl was allegedly raped by Dwivedi
in Banda on December 10 and 11 last year. The girl had escaped
from his residence on December 12 when the MLA allegedly
attempted to rape her again.
The girl, however, was arrested after allegedly false
charges of theft were levelled by the legislator's brother
48-year-old Dwivedi, who was later arrested from Banda
and suspended by Mayawati's party, denied all the charges.
The apex court had passed the order on a PIL filed by
advocates Raja Ram and Irudaya Nathan seeking an independent
probe into the incident, alleging that impartial investigation
was not possible in the case as the ruling BSP legislator and
his aides were involved.
The state government did not oppose the plea for a CBI
probe into the case and agreed to recommend handing it over to
the central agency.
The petitioners alleged that the authorities had
committed a grave error by lodging false cases against the
victim, who was a minor and was entitled to protection under
the provisions of the Juvenile Justice Act.
Alleging that the police and judicial officers were
trying to protect the MLA, they alleged that the magistrate,
in violation of the JJ Act, had sent her to jail while she
should have been sent to a juvenile care centre.