SC asks Delhi HC to grant "out-of-turn" hearing in Unnao victim's father's death

The Supreme Court on Monday (February 9) urged the Delhi High Court to grant "out-of-turn" hearing to former Uttar Pradesh MLA Kuldeep Singh Sengar's appeal against his conviction and 10-year sentence in the case of the custodial death of the father of the Unnao rape victim.

During the bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria stated that the appeal be within three months. It further stated that the victim’s appeal seeking the enhancement of the sentence be heard along with the appeal by Sengar, adding that the appeals by the co-accused also be heard with the matter, reported Live Law.

The bench was hearing Sengar’s appeal against the Delhi High Court’s January 19 refusal to suspend his sentence in the custodial death of the Unnao rape victim’s father.

‘Already served over 7 years’: Sengar’s counsel

Appearing for Sengar, senior advocate Siddharth Dave argued that he has already served 7 years and 7 months out of the 10-year sentence.

At this point, Solicitor General of India Tushar Mehta, appearing for the CB, stated that Sengar’s main appeal against the conviction is listed for hearing on February 11, suggesting that the appeal can be heard on an "out of turn basis".

Also Read: Delhi HC refuses to suspend Sengar’s 10-year jail term in Unnao custodial death case

The victim’s counsel advocate Mahmood Pracha submitted that they have filed an appeal to modify the conviction from Section 304 IPC to Section 302 and increase the sentence to life imprisonment.

However, Dave argued that when it comes to cases of term sentences, suspension of the sentence during the pendency of the appeal is the norm.

‘Already serving life sentence’: SC

But the bench pointed out that Sengar is already serving a life sentence in relation to the Unnao rape case. “If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?" asked Justice Bagchi.

Also Read: ‘He should be hanged’: Unnao rape survivor’s mother after SC stays Sengar’s release

The CJI expressed his displeasure to Advcoate Pracha's media interactions in relation to the case, adding he would not approve it.

"We are also aware of the media trial going on in this case, which we don't approve of it. You have no business to go to media if you are engaging as counsel in this...as CJI, I can't tolerate all these things," CJI told Pracha as quoted by Live Law.

Custodial death of victim’s father

In April 2018, the family of the minor rape victim had gone to Unnao to attend a court hearing, during which her father was allegedly attacked by the accused persons in full public view.

The following day, the police arrested the victim’s father on charges of illegal possession of arms, and he later died after suffering multiple injuries while in police custody.

Also Read: Unnao rape case: Did public outrage influence SC's decision to stay Sengar's bail?

In August 2019, the Supreme Court transferred the trials in five cases connected to the matter, including the case relating to the death of the victim’s father, from Uttar Pradesh to Delhi.

Sengar was convicted in the rape case in December 2019 and awarded life imprisonment. He was subsequently held guilty of conspiring in the custodial death of the victim’s father on March 4, 2020. In June 2024, the Delhi High Court declined to suspend his sentence in that case.

Delhi HC refuses to suspend Sengar’s sentence

Earlier this year, in January, the High Court dismissed Sengar’s second application seeking suspension of sentence, observing his criminal background and noting that there was no subsequent change in circumstances.

The Court recorded that while it was conscious of his incarceration of around seven and a half years, the appeal could not be taken up due to several factors, including repeated applications filed by him seeking suspension of sentence. The High Court, therefore, directed that the appeal be heard on the merits at the earliest.

In a connected development, a division bench of the Delhi High Court had recently granted suspension of sentence to Sengar in the rape case, which was stayed by the Supreme Court a few days later.