Unnao rape case: Plea in SC against suspension of Sengar's life term

A plea has been filed in the Supreme Court challenging a recent order of the Delhi High Court that suspended the jail term of expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Sengar in the 2017 Unnao rape case.

The petition, filed by advocates Anjale Patel and Pooja Shilpkar, has sought a stay on the high court’s order, arguing that it was passed without adequately considering the trial court’s observation that Sengar should remain in prison for the rest of his natural life.

Also read: Unnao rape case: UP minister questions victim’s safety after Sengar's bail

On Tuesday (December 23), the Delhi HC suspended Sengar's jail term but granted relief to him under strict conditions, including restrictions in moving and regular police reporting. The trial court had convicted the former MLA in 2019. He was expelled from the party the same year.

HC accused of error

The plea contended that the high court committed a grave error in both law and facts by granting suspension of sentence despite Sengar’s serious criminal antecedents and his proven involvement in heinous offences such as rape. It further argued that the court failed to fully appreciate the material evidence on record.

Also Read: Unnao rape case: CBI to approach SC against HC bail for Kuldeep Sangar

According to the petition, the prosecution's evidence demonstrates the brutality of the crime and the "demonstrated muscle power, financial influence and criminal propensity" of the accused. It also referred to the custodial death of the survivor’s father, alleging that Sengar orchestrated the killing to intimidate the family and derail the course of justice.

Life term paused

Two days earlier, the Delhi high court suspended Sengar’s jail term in the rape case, noting that he had already served seven years and five months in prison. The suspension will remain in effect till the pendency of his appeal against the trial court verdict that convicted him and sentenced him to life imprisonment and which he has challenged.

However, Sengar will continue to remain in jail as he is also serving a 10-year sentence in the custodial death case of the survivor’s father, in which he has been refused bail.

Also Read: Unnao rape case: Kuldeep Sengar gets bail; survivor removed from protest site

While suspending the sentence, the high court imposed several conditions, including directing Sengar to furnish a personal bond of Rs 15 lakh with three sureties of the same amount. He has also been barred from entering a five-kilometre radius of the survivor’s residence in Delhi and from threatening the survivor or her mother. Any violation of these conditions would lead to the bail's cancellation.

The Unnao rape case and related matters were transferred from Uttar Pradesh to Delhi in August 2019 on the directions of the Supreme Court. Sengar’s appeal in the custodial death case is also pending, where he has sought suspension of sentence since he has already spent a substantial period in jail.

(With agency inputs)