Today, On 7th June, The Delhi High Court rejected former BJP MLA Kuldeep Sengar’s plea to suspend his sentence in the case concerning the death of the Unnao rape victim’s father. Sengar, who is already serving a life sentence for the rape of the minor, sought relief from his ten-year imprisonment for the custodial death. The court emphasized the gravity of the charges and the need for justice for the victim’s family.
New Delhi: The Delhi High Court declined to suspend the 10-year imprisonment sentence of expelled BJP leader Kuldeep Singh Sengar for the custodial death of the Unnao rape victim’s father on Friday.
The court stated,
“This Court is not inclined to allow the present application seeking suspension of sentence at this stage. Accordingly, the present application stands dismissed,”
Sengar requested the suspension of his sentence, arguing that he has already served nearly six years and that the prosecution’s case relies exclusively on circumstantial evidence.
Justice Sharma noted that once an individual has been found guilty, the presumption of their innocence is no longer applicable. In such cases, an application for suspension of the sentence must be evaluated based on a prima facie assessment of the accused’s role, the gravity of the offense, and other relevant factors. The period of time already spent in jail is just one of the several considerations taken into account, rather than being the sole determining factor.
The court’s judgement highlighted the necessity of considering various factors when deciding on the suspension of a sentence. These factors include the nature of the crime, the criminal history of the convict, the impact on public confidence, and the potential threat to the victims.
The court also observed that Sengar has already been found guilty of raping the deceased man’s minor daughter and has been sentenced to life imprisonment for that offense.
Former MLA Kuldeep Singh Sengar filed an appeal in the high court, challenging the trial court’s verdict in the main Unnao rape case. Sengar sought the quashing of the December 16, 2019 judgment of the trial court, which convicted him in the rape case. He has also sought the setting aside of the subsequent order, dated December 20, 2019, which sentenced him to imprisonment for the remainder of his life.
The case pertains to the kidnapping and rape of a minor girl by Sengar in 2017.
Additionally, on March 13, 2020, the trial court sentenced Sengar to 10 years of rigorous imprisonment, along with a fine of Rs. 10 lakh, in the case related to the death of the rape victim’s father while in custody. The trial court emphasized that no leniency could be shown, given that the victim’s father was the sole breadwinner of the family.
In addition to Kuldeep Singh Sengar’s conviction, the trial court also awarded 10 years of imprisonment to Sengar’s brother, Atul Singh Sengar, and five other individuals for their role in the custodial killing of the rape victim’s father.
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The rape victim’s father arrested on the orders of Sengar under the Arms Act. He subsequently died in custody on April 9, 2018, due to police brutality. Although the trial court did not find the accused guilty of murder under the Indian Penal Code (IPC), it awarded the maximum sentence for the offense of culpable homicide not amounting to murder, under Section 304 of the IPC. The court noted that, no intention to kill on the part of the accused.
The case originally being heard in a trial court in Uttar Pradesh but later transferred to Delhi, on the directions of the Supreme Court, on August 1, 2019.