The Delhi High Court on Friday (January 17) sought response of the CBI on expelled BJP MLA Kuldeep Singh Sengar’s appeal challenging his conviction and life term for raping a minor girl in UP’s Unnao in 2017.
A bench of justices Manmohan and Sangeeta Dhingra Sehgal allowed Sengar to deposit in 60 days the fine amount of ₹25 lakh, out of which ₹10 lakh will be released to the rape survivor without any condition.
The court also sought response of the survivor on Sengar’s appeal and asked his counsel to give copies of documents to the woman’s counsel.
During the hearing, the court said it was not inclined to suspend the sentence or fine amount of Sengar as he is facing prosecution in other cases after which his counsel withdrew the application for suspension of the sentence.
Sengar’s advocate claimed he was the sole earning member in the family, has two daughters of marriageable age and was facing difficulty in arranging ₹25 lakh and the trial court had only given him time till January 20 to deposit the amount.
He urged the court that the time to deposit the amount be extended.
The counsel for CBI said Sengar’s wife was also a public servant and he should first pay ₹10 lakh as directed by the trial court to the rape survivor and rest ₹15 lakh is to be deposited with the court.
The bench has now posted the matter for May 4.
Sengar has sought quashing of the December 16, 2019 judgement of the trial court which convicted him. He has also sought setting aside of the December 20 order sentencing him to imprisonment till the remainder of his life.
The trial court had convicted the 54-year-old Sengar under various provisions including Section 376 (2) of IPC which deals with the offence of rape committed by a public servant who “takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him”.
It had awarded him the maximum punishment of life term with a rider that the convict will remain in jail for “remainder of his natural biological life” and also imposed an exemplary fine of ₹25 lakh on him to be paid within a month.
The woman was kidnapped and raped by Sengar in 2017 when she was a minor.
The trial, which started on August 5 last year after it was transferred from Unnao to Delhi on the Supreme Courts directions, was carried on a day-to-day basis.
The apex court, taking cognisance of the rape survivors letter written to the then Chief Justice of India Ranjan Gogoi, had on August 1 last year transferred all five cases registered in connection with the Unnao rape incident from a Lucknow court in Uttar Pradesh to the court in Delhi with directions to hold trial on a daily basis and completing it within 45-days.