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 against her.

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.

PTI