Unnao Rape: Delhi HC Issues Notice To CBI, Gives More Time To Sengar To Deposit Compensation [Read Order]

The Division Bench of Justice Manmohan and Justice Sangita Dhingra Sehgal has directed the expelled BJP MLA to deposit 25 lacs before the court's Registry.

Out of this, 10 lacs will be released to the victim without any conditions. The rest of the amount will be kept in a fixed deposit.

On December 16, Sengar was convicted by a District and Sessions Judge at Tis Hazari for offences under Indian Penal Code and POCSO Act. In December, an order on sentence was passed wherein he was sentenced for life and an exemplary compensation of ₹ 25 lacs was imposed on him.

The amount had to be submitted within 30 minutes, failing which, CBI was directed to attach his assets.

Today, while moving his criminal appeal against the order of conviction and life sentence passed by the trial court, Sengar also moved an application seeking suspension of his sentence and compensation amount.

Arguing for Sengar, Senior Counsel Hariharan argued that the timeline set by the trial court for depositing the compensation can't be sustained as the convict is entitled to a statutory period of 60 days for filing an appeal.

'How can the trial court restrict this period of filing appeal by putting such a date in the sentence order', he argued.

Further, it was also argued that the trial court did not properly appreciate the alibi taken by Sengar. He said:

'The CDR records of mobile phones possessed by Sengar suggest, that at the time of the incident, he was in Kanpur and could not have been present in Unnao.'

Arguing for the extension of the date set by the trial court, Mr Hariharan submitted before the court that Sengar is the sole bread-winner in his family, thus, his custody is causing financial constraints to the family.

'Both Sengar and his brother are in custody. There is no other man in the household, and Sengar is the sole earner in the family. In addition to that, he also has to bear the costs of litigation', Mr Hariharan submitted.

The Bench refused to accept that argument. Justice Manmohan noted that Sengar has enough assets to meet the compensation amount, the same also appears from the trial court records. He said:

'You have a Fortuner car, and some other assets… You have to see the kind of tragedy that has befallen the victim. All of this can't be just coincidences, as you're (Hariharan) suggesting.'

Therefore, the court decided that, at this juncture, it is not inclined to accept the plea seeking suspension of sentence. It was said:

'He's not an undertrial, he's a convict. The presumption of innocence doesn't apply to him. He's been in prison for a period of just one and a half years.'

The court has also issued notices to the CBI and the victim. The appeal is listed on May 4 for arguments.

Click Here To Download Order

[Read Order]