‘We were not heard’: Sengar’s daughter on SC stay in Unnao case

Hours after the Supreme Court stayed the Delhi High Court order suspending life sentence to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case, his daughter Aishwarya Sengar expressed grief over the development on Monday (December 29), stating that the defence was not even allowed to advance arguments on merits.

"We couldn't even start arguing on the merits of the case today, because she has changed her statement several times, changed the timing thrice, starting from 2 pm, 6 pm and then finally 8 pm,” stated Aishwarya Senger.

"The AIIMS medical board found that she was over 18. The CDR records show that I was not at the location of the alleged incident. It has also come on record that she herself was on a call at the alleged time of the incident," she added as quoted by ANI.

‘Family stripped of dignity’

Aishwarya further stated that she and her family have been fighting the legal battle for years, adding that they have been stripped of their dignity and peace.

Also Read: Unnao rape case: SC stays suspension of Kuldeep Sengar’s life sentence

“I've been fighting for justice for the past eight years, but maybe the sorrows of me and my family mean nothing. We have been stripped of our dignity, our peace, and even our basic right to be heard. Still, I hope for justice. I request members of the media not to spread any misinformation," she stated.

What SC said

Earlier in the day, the Supreme Court stayed the Delhi High Court order that had suspended the life sentence of Sengar in the 2017 Unnao rape case involving a minor. The apex court also issued notice to Sengar on an appeal filed by the CBI challenging the high court’s order.

Also Read: Unnao rape case: Survivor questions justice system, says her hope is breaking

The Delhi High Court had, on December 23, suspended Sengar’s life sentence after noting that he had already completed seven years and five months in custody. The relief was granted till the disposal of his appeal against the December 2019 trial court verdict convicting and sentencing him in the case.

However, Sengar continues to remain in jail as he is serving a separate 10-year sentence in connection with the custodial death of the survivor’s father. His appeal in that case, seeking suspension of sentence on the ground of prolonged incarceration, is also pending.

‘Shouldn’t be released from custody’

While hearing the CBI’s plea, a three-judge vacation bench headed by Chief Justice of India Surya Kant, along with Justices J K Maheshwari and Augustine George Masih, observed that Sengar should not be released from custody.

Also Read: Unnao rape survivor moves CBI against investigating officer, seeks FIR

Staying the operation of the December 23 order, the court cited “peculiar facts", noting that Sengar stands convicted in another case as well.

The apex court also flagged concerns over the high court’s interpretation of the term “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, observing that such a reading could potentially exclude lawmakers.

Centre’s argument

During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, termed the case “very horrific” and opposed the suspension of sentence, arguing that amendments to rape laws prescribe a severe minimum punishment. The bench, however, noted that the amendment came into force after the offence was committed.

Earlier, the Delhi High Court had imposed conditions while suspending the sentence, including a personal bond of Rs 15 lakh, restrictions on movement near the survivor’s residence and a warning that any violation would lead to cancellation of bail. The case was transferred from Uttar Pradesh to Delhi on the Supreme Court’s directions on August 1, 2019.