SC sends Unnao rape convict Kuldeep Sengar back to HC
What's the story
The Supreme Court has asked the Delhi High Court to hear former Uttar Pradesh MLA Kuldeep Singh Sengar's appeal challenging his conviction in the Unnao rape victim's father's custodial death case. The court directed both Sengar's appeal and the victim's plea for sentence enhancement to be heard together within three months. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria was hearing Sengar's petition against the Delhi HC's recent order refusing to suspend his sentence.
Sentence status
He has already served seven years
Appearing for Sengar, Senior Advocate Siddharth Dave said he has already served seven years and seven months of his 10-year sentence. Dave claimed that in cases involving term sentences, the penalty is typically suspended while the appeal is pending. However, the bench noted that Sengar is serving a life term in connection with the rape of the Unnao girl. "If you are serving life sentence in another offense, is that not...relevant consideration for suspension of sentence?" Justice Bagchi asked.
Media trial
'We are aware of media trial...': Chief Justice Kant
During the hearing, Chief Justice Kant also expressed disapproval of the victim's advocate Mahmood Pracha's media statements about the case. "We are also aware of the media trial going on in this case, which we don't approve of it," he said. "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.
Appeal status
Delhi High Court rejected plea for suspension of sentence
In June 2024, the Delhi High Court rejected Sengar's plea for suspension of sentence in the death case, noting his criminal antecedents and lack of new developments in the case. On January 19, the Delhi High Court denied bail to Sengar in the custodial death case. Justice Ravinder Dudeja observed that although Sengar has served around 7.5 years, the delay in deciding his appeal was partly due to Sengar filing multiple applications.
Case
What the case is about
The survivor alleged that she had approached Sengar for a job in June 2017, when she was kidnapped and raped for more than a week by him and others. She was later sold for ₹60,000. In April 2018, while heading to Unnao for a court hearing, her father was severely assaulted by accused persons in broad daylight. The following day, police arrested him at Sengar's request, and he died in jail on April 9, 2018 due to alleged police brutality.