Expelled BJP MLA Kuldeep Singh Sengar and seven others, including policemen, were on Wednesday found guilty by a Delhi court for the custodial death of Unnao rape survivor’s father. District judge Dharmesh Sharma convicted them of culpable homicide, not amounting to murder.

The court said the accused had no intention of killing him, “however, they beat up the victim in a brutal manner that led to his death.” The judge also criminated the role of doctors who were entrusted to take of the rape victim’s father, saying “doctors at the district hospital were negligent and acted like butchers”.

Judge Sharma also said the facts and circumstances brought on the record prove beyond reasonable doubt that the accused hatched another crucial part of the conspiracy to foist a false case upon the victim by planting a country-made gun and four cartridges.

The court said the accused — Ashok Singh Bhadauria, KP Singh (both policemen), Kuldeep Singh Sengar, Vineet Mishra, Birendra Singh, Shashi Pratap Singh, Suman Singh and Atul (Sengar’s brother) —are held guilty of committing offence under section 120-B (criminal conspiracy).

The court also held the convicted the accused under a section of Arms Act. While convicting Makhi police station in-charge, Ashok Singh Bhadauria,  and Sub Inspector, KP Singh, the court said that “being seasoned police officials, disobeyed the direction of law to protect the life and liberty of the victim when he, as well as Kishore Kumar Mishra, was being beaten up by the co-accused persons… They allowed the assailants their protective police cover affording them a free hand to do what they did… ultimately the victim died due to the injuries sustained in the incident.”

The court, however, acquitted other accused persons ---  constable Amir Khan, Shailendra Singh, Ram Sharan Singh and Sharadveer Singh --- giving them benefit of doubt. The court said, “It is apparent that too many persons behind the curtains were supporting, assisting or abetting the gruesome act but then each one cannot be held culpable as per law on mere suspicion.”

It had on December 20 sent Sengar to jail for the “remainder of his natural biological life” for raping the woman in 2017, when she was a minor.

The CBI had examined 55 witnesses in support of the case and the defence examined nine witnesses. The court had recorded the statements of the rape victim’s uncle, mother, sister and one of her father’s colleague who claimed to be an eyewitness to the incident.

According to the CBI, on April 3, 2018, there was an altercation between the rape victim’s father and one Shashi Pratap Singh. The chargesheet filed on July 13, 2018, said the victim’s father and his co-worker were returning to their village, Makhi, when they asked Singh for a lift. Singh denied them the lift, triggering an altercation among them. Singh called his associates, following which Kuldeep’s brother Atul Singh Sengar reached the spot along with others and beat up the woman’s father and his co-worker.

The woman’s father was subsequently taken to the police station by them where an FIR was lodged against him and he was arrested.  The chargesheet said that all this while Kuldeep Sengar was in touch with the district police superintendent and Makhi police station in-charge Ashok Singh Bhadauria. Later he also spoke to the doctor who examined the rape victim’s father.

Charges were framed against Kuldeep, Atul, Bhadauria, sub-inspector Kamta Prasad, constable Amir Khan and six others in the case. The case was transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1 last year.

In July, 2019 a truck rammed into the car the rape victim was travelling in with some family members and her lawyer. Two of her aunts died in the incident. She was airlifted from a hospital in Lucknow and to AIIMS in Delhi.

The victim has been provided accommodation in Delhi and is under CRPF protection.