August,21,2015: Taking suo motu congnisance of his recent remarks on rape, a local court has summoned Samajwadi Party supremo Mulayam Singh Yadav on September 16. Civil Judge (Junior Division) of Kulpahad Tehsil Ankit Goel took congisance of Yadav's statement on rape on August 18 in Lucknow, where he had said while one man commits rape, four are named to "settle scores" and that rape by four persons was not "practical".
Mr. Goyal in his summon said that the SP leaders remark "seems to have violated the Indecent Representation of Women's Prohibition Act 1986."
"Mr. Yadav is being summoned under sections 504, 505, 509, 116 of the Indian Penal Code and section 3 and 4 of the Indecent Representation of Women's Prohibition Act 1986. He is directed to be present on September 16," said the summon, issued by the Judicial Magistrate.
The Samajwadi Party supremo had on Tuesday said that a rape by four people was "practically not possible”.
“One person commits a rape and four are named in the complaint. Can such a thing happen? It is impractical. Is that even possible?” the SP leader had said.
The comment drew criticism from across the political spectrum, but the ruling Samajwadi Party had defended its leader, saying that he was talking about false implication of people in rape cases.
His remark was the second such instance after his remark last year, in which he had opposed death penalty for rape saying "boys do make mistake".
Related Development- Badaun Victim's Family threatens to sue Mulayam for Defamation
The family of the two minor sisters found hanging from a tree in Badaun last year in May has said that if Samajwadi Party chief Mulayam Singh Yadav does not apologise for his statement that the girls were not raped and that their death was related to property feud, they will file a defamation case against him soon.
Speaking at a function to distribute free e-rickshaws on Tuesday, the SP supremo said there were cases where women would name four people to settle scores when there was in reality only one rapist. He said it was beyond belief that four brothers would sometimes all be named as rapists. "It is not practical," he had said.
Citing the example of the Badaun case, he said it was blown out of proportion. "The CBI probed the case and found that rape was not committed at all. These were cold-blooded murders, committed by members of the girls' family, for the sake of property," Mulayam had said.
"If Yadav does not apologise, we will take up the suit on Saturday. The ruling party chief says they were murdered, while the CBI has concluded that they committed suicide. If Yadav indeed knows, as we have held earlier, that the girls were killed, he should take action against the CBI for concluding that it was a case of double suicide," a cousin of the girls said.
"Which of their cousins killed the girls? My son was in Delhi at the time of the incident. My other children are five and and 11 years old. Yadav should name the person he suspects," a relative of the girls said.
Asserting the claims the family had made earlier, one relative said there were five men behind the rape and murder. All five had been named in the FIR, he said.
Advocate SAH Kaukab Naqvi, representing the families of the two minor cousins, said, "The SP chief's statement was irresponsible. The matter is sub judice. Even the CBI investigators have not concluded that the girls' family was responsible for their deaths." He added that he would advise the family to wait until the court passes its order before taking up a defamation suit against Mulayam Singh Yadav.
The CBI, in its December 11 closure report submitted in Badaun's POCSO court, said the girls committed suicide and were neither raped nor murdered. The agency said the girls committed suicide ashamed that the relationship of the elder sister with Pappu Yadav, one of the men earlier accused in the case, had been exposed. The agency said the younger of the two sisters was also desirous of a relationship with the same man. Both girls, the agency claimed, committed suicide in shame after being discovered by an uncle.
The families of the girls challenged the CBI's findings in court on February 19.
The two girls, cousins aged 14 and 15, were found hanging from a mango tree on May 28, 2014. The two had stepped out of their homes, saying they would return after answering nature's call in the fields on the evening of May 27 and gone missing that night.
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