SC notices to UP govt, CBI on Dalit girl''s rape by Banda MLA

New Delhi, Jan 21 (PTI) The Supreme Court today soughta response from the Uttar Pradesh government and the CBI on aplea for a judicial probe into the alleged rape of a Dalitgirl by Banda legislator Purushottam Naresh Dwivedi.

A bench of justices Aftab Alam and R M Lodha issuednotices on a public interest lawsuit filed by advocate RajaRam, who has sought an independent judicial probe into theincident, involving the BSP legislator and his aides.

While apprising the bench of his petition, theadvocate also asserted that the authorities had committed agrave error by foisting false cases against the victim, whowas a minor and was entitled to protection under theprovisions of the Juvenile Justice Act.

In his petition filed early this week, the advocatehad also alleged that the magistrate, in violation of the JJAct, had sent her to jail, while she should have been sent toa juvenile care centre.

"A magistrate is not empowered under the Act to trythe case of a juvenile. The magistrate, who had the theft casefiled against the juvenile, had to follow the Act regardinggrant of bail of juvenile," the petitioner had said.

The petitioner alleged the police and judicialofficers were trying to protect the MLA.

"Initiate enquiry as to how the local police and thejudiciary remanded an alleged juvenile in conflict with law tojail instead of producing her before the competent authorityas per the Juvenile Justice Act," the petition said.

The 17-year-old Dalit girl was allegedly raped byDwivedi in Banda on December 10 and 11. The girl had escapedfrom his residence on December 12 when the MLA allegedlyattempted to rape her again.

The girl, however, was arrested in connection with anallegedly false case of theft lodged by the legislator''sbrother against her.

48-year-old Dwivedi was later arrested from Banda. Theapex court had on January 17 agreed to consider a plea for ajudicial enquiry into the alleged rape case.