The Delhi High Court dismissed the plea seeking suspension of sentence filed by former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in a case of custodial demise of the father of the Unnao rape victim.

The Single-Judge Bench of Justice Swarana Kanta Sharma delivered the Judgment on Friday, asserting that the duration of Sengar's imprisonment, approximately six years out of a ten-year sentence, did not warrant the suspension of his punishment.

The Bench underscored that pivotal factors such as the severity of the offense, the nature of the crime, the criminal history of the convict, and the impact on public trust in the judiciary were pivotal in the decision-making process. Consequently, Sengar was deemed ineligible for a sentence suspension. The Court also highlighted the persistent threats faced by the victim's family, necessitating protection from the Central Reserve Police Force (CRPF).

The Court ordered, "Therefore, in view of the foregoing discussion, and upon applying the principles laid down by the Hon'ble Apex Court in the judgments discussed hereinabove, this Court is not inclined to allow the present application seeking suspension of sentence at this stage."

The Court noted, "The impugned judgment records that as soon as the victim in this case was seen in the village and he had some initial skirmishes with co-accused Shashi Pratap Singh, the said co-accused had called other accused persons and had informed co-accused Jaideep Singh Senger about the scuffle between him and the victim."

"The judgment further records that the sequence of events thereafter clearly established that under the patronage of the appellant Kuldeep Singh Senger and his brother Jaideep Singh Senger, the other accused persons in this case had assaulted the victim with leg and fist blows and then hit him with the barrel of a rifle," the Court said.

The Unnao rape survivor, a minor at the time of the incident, was reportedly abducted and sexually assaulted by Sengar between June 11 and June 20, 2017. Subsequently, she was purportedly sold for Rs. 60,000 and later rescued at the Maakhi police station. The survivor endured continuous intimidation and warnings from police officials, allegedly acting on Sengar's instructions, to deter her from disclosing the ordeal.

The case garnered further attention following a controversial incident where a vehicle without a license plate collided with the car transporting the victim. Consequently, the victim and her legal representative sustained critical injuries, resulting in the deaths of two of her relatives.

In August 2019, the Supreme Court intervened, transferring the trial for four cases linked to the Unnao rape saga to Delhi and mandating expedited proceedings to conclude within 45 days. Sengar was subsequently convicted in December 2019 for the rape of the minor victim and the custodial death of her father. He received a life sentence for the rape offense and a ten-year imprisonment term for the custodial death, marking a pivotal chapter in the legal saga.

Cause Title: Kuldeep Singh Sengar v. Central Bureau of Investigation [Neutral Citation: 2024: DHC: 4733]

Appearance:-

Petitioner: Advocates Kanhaiya Singhal, Ujwal Ghai, Aishwarya Sengar, Udit Bakshi, Vani Singhal, Prasanna, Teeksh Singhal, Deepali Pawar, Ajay Kumar, Anmol Chopra

Respondent: Special Public Prosecutor Ravi Sharma, Advocates Anjani Kumar Rai, Praphulll Kumar.

Click here to read/download the Judgment


Justice Swarana Kanta SharmaDelhi High Court

Sukriti Mishra