Unnao Victim's Father's Death Case: No Interim Relief To Rape-Convict Kuldeep Sengar, Directs Delhi HC To Hear Matter Within 3 Months

New Delhi: In a blow to rape-convict Kuldeep Sengar, the Supreme Court on Monday (February 9) refused immediate relief to the former BJP MLA Kuldeep Singh Sengar. The top court requested the Delhi High Court to afford a hearing to Sengar on his plea seeking suspension of sentence and bail in the custodial death case of the rape victim’s father.

The observation was made by a bench led by Chief Justice of India (CJI) Surya Kant, which asked the Delhi High Court to complete the hearing of Sengar’s plea within three months. “We deem it a fit case to request the High Court to hear the appeal and decide the same, but not later than three months,” the Supreme Court said.

The top court also directed the Delhi HC that the appeal filed by the victim seeking an increase in the sentence of the convict be also heard along with Sengar’s appeal, reported Live Law.

The observation was made by the bench, comprising CJI Kant, Justice Joymalya Bagchi and Justice NV Anjaria, while hearing the petition filed by Sengar challenging the Delhi High Court’s January 19 order refusing to suspend his sentence in the case.

Senior Advocate Siddharth Dave appeared for Sengar in the top court. Dave reportedly submitted that the former BJP MLA has already served over seven years out of the total 10 years.

Meanwhile, Advocate Mahmood Pracha appeared for the victim. An appeal to convert the conviction from Section 304 IPC to Section 302 was filed to enhance the sentence to life imprisonment in the death case.

However, the bench said that Sengar was serving life imprisonment in the rape case of the Unnao girl. The bench also came down heavily on Pracha for giving statements in the media about the case.

Delhi HC's January 19 Order:

On January 19, the Delhi HC refused to suspend the 10-year sentence awarded to the expelled BJP leader in the case of the death of the Unnao rape survivor’s father while in custody. “No grounds are made out for grant of relief. The application seeking suspension of sentence is dismissed,” said Justice Ravinder Dudeja.

Notably, the trial court had said that “no leniency” could be shown for killing a family’s “sole bread earner”.

It had also awarded a 10-year jail term to Sengar’s brother, Atul Singh Sengar, and five others for their role in the custodial killing of the rape survivor’s father.

The father of the survivor was arrested at the behest of Sengar under the Arms Act and died in custody on April 9, 2018, owing to police brutalities.

Sengar had kidnapped the minor and raped her in 2017.

The trial court, which did not hold the accused guilty of murder under the Indian Penal Code (IPC) in the father’s case, awarded the maximum sentence for the offence of culpable homicide not amounting to murder to the convicts under Section 304 of the IPC after holding that there was no intention to kill.