UP: Court Convicts Main Accused in Hathras Rape Case, 3 Others Acquitted

Lucknow: Three men accused in Uttar Pradesh's horrific Hathras gang rape and murder case of a 19-year-old dalit woman, which sparked outrage across the country, have been acquitted by a Scheduled Caste/Scheduled Tribe court in the district, while one of the key accused was convicted on Thursday. However, none of the other accused were found guilty of gang rape.

Sandeep Sisodia, the key accused, was found guilty of committing culpable homicide not amounting to murder under Section 304 of the Indian Penal Code. He has also been charged under the SC/ST (Prevention of Atrocities) Act.

The three acquitted have been identified as Ravi (20), Ramu (26) and Luv Kush (23).

The special court said in its verdict that none of the four accused had been found guilty of gang rape. However, in the victim's dying declaration before the district magistrate, she had named and accused three men – Luv Kush, Ravi and Ramu – of sexual assault.

"Sandeep Singh was convicted under (Indian Penal Code) Section 304 and Sections of the SC/ST Act. The other accused were acquitted in this case as presumed innocent," Munna Singh, counsel for the four men accused of gang rape and murder in the case, told the media.

The lawyer further said that in the chargesheet submitted by the CBI (Central Bureau of Investigation), the accusations were made under Sections 302, 376-A, 376-A and 376-B, but these sections could not be verified.

"The whole case was fabricated. This was bound to happen; Sandeep is also innocent and will be acquitted sooner or later. We will approach the high court,” he added.

The teenager eventually died while undergoing treatment in Delhi, and the Uttar Pradesh Police's hurried cremation of her body – during which they allegedly did not allow members of her family to be present – led to a nationwide stir. The men accused of the crime were 'upper' caste thakurs, leading many to question years of caste injustice.

THE INCIDENT

In a gut-wrenching incident, on September 14, 2020, a dalit woman was raped in a village in Hathras by four men. After her condition deteriorated, she was referred to Delhi's Safdarjung hospital, where she breathed her last the next day.

As news of her death spread, protests broke out in Delhi and Hathras, with all sections of society expressing their anguish and demanding justice for her.

The Allahabad High Court took cognisance of the case in October 2020, saying the crime — had 'shocked' its conscience. Ten days later, the case was transferred to the Central Bureau of Investigation (CBI), which filed its chargesheet against the four accused in December of that year.

The CBI had charged all four men with gang rape and murder.

The chargesheet filed by the CBI had faulted the Uttar Pradesh Police for ignoring the woman's statement.

Both the UP Police and Bharatiya Janata Party-led Yogi Adityanath government were under fierce scrutiny by the opposition and activists over alleged lapses in handling the investigation and treatment of the young woman - while she was alive and after her death.

After details of the verdict came out, the deceased family members and relatives said they were disappointed with the ruling but would continue to seek legal remedies as advised by his legal team.

"We are not satisfied with the court's verdict and would appeal the case in the high court," one of the girl’s relatives told NewsClick. This was confirmed to PTI by the victim’s counsel.

He said he was now concerned about the safety of his other kids, as the accused may harm his family.

Meanwhile, Seema Kushwaha, the victim's counsel, speaking with NewsClick, said: "For almost two-and-a-half years, the victim's family has been struggling, but justice has not been served. The family has even preserved the ashes of their daughter till date. They will not immerse the ashes until justice is served."

She further said that soon after the incident, a compensation of Rs 25 lakh was announced to the family, and a job to a family member in the post of junior assistant and allotment of a house in Hathras city itself was also announced, but these promises have not been fulfilled till date.

Rama Kumari, who runs an NGO that works for Gender Justice, said she had been standing with the family since the first day and would continue for their rights. "We will challenge this decision," she added.