While the victim has said she is a minor, the medical board constituted on the orders of a lower court in Banda district has said in its report that she could be 'around 18 years'.
The Banda rape case involving BSP MLA Purushottam Naresh Dwivedi has taken a curious turn. It is now the age of the victim that has become a difficult poser for the court and investigating officials.
Age of victim is a decisive factor in deciding sentence for a rape, but in this case different claims are being made.
While the victim has said she is a minor, the medical board constituted on the orders of a lower court in Banda district has said in its report that she could be “around 18 years”.
The school where she was enrolled has now added another dimension to the controversy. The principal of Banda School has said in a certificate produced for the purpose that she was just a month less than 19 years.
If she is indeed a minor, Dwivedi could get a life term if found guilty and if she is an adult, the term could be between 10 and 15 years.
The court of Banda chief judicial magistrate did little on Monday to resolve the issue.
The court in fact threw up its hands, saying no decision on the victim’s age could be made as all related documents had been sent to the Allahabad high court (HC), which is hearing the case on Tuesday.
Allahabad high court had taken suo moto notice of newspaper reports and ordered immediate release of the victim from Banda Jail on Saturday. She had been imprisoned on December 14 on a trumped-up theft charge slapped by Dwivedi.
The court has ordered the government to provide adequate protection to the victim and her family.
The victim’s brother, meanwhile, claimed on Monday the family was being threatened by policemen deployed to protect them.
“They are keeping us locked inside, they don’t let us move around and talk to the people or the media,” he told reporters camping outside the victim’s house since late Saturday evening, when she returned home after a month in jail.
Banda Jail warden Shahnaz Begum has also alleged that jail officials were pressuring her to change her statement in the case.
The additional director general (jails) has ordered an inquiry into her allegations. Shahnaz had been entrusted with the victim’s custody during her stay in jail.
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