Death Of Unnao Rape Victim's Father: Delhi High Court Rejects Kuldeep Sengar's Plea Seeking Suspension Of Sentence

The Delhi High Court on Friday rejected a plea moved by expelled BJP leader Kuldeep Singh Sengar seeking suspension of his 10 years of sentence in the custodial death of Unnao rape victim's father.

Justice Swarana Kanta Sharma observed that though Sengar has undergone more than half of the sentence imposed upon him, but the period undergone by a convict is only one of the several factors which are to be taken into consideration while adjudicating an application seeking suspension of sentence.

The court said other factors include gravity of offence, nature of the crime, criminal antecedents of the convict, impact on public confidence in court etc.

Justice Sharma said that in addition to the said factors, she had kept in mind the crucial observations of the Apex Court regarding threat to the victim and the order passed for security to her well as her lawyer, mother and other family members.

“As regards the antecedents of the appellant, he has already been convicted under Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 read with Section 376 of IPC vide judgment dated 16.12.2019 and vide order dated 20.12.2019 for the offence of rape of minor girl, and has been sentenced to undergo imprisonment for remainder of his life,” the court noted.

On March 04, 2020, Sengar was convicted for the offences under Sections 120B, 193, 201, 203, 211, 323, 341 and 304 (Part ii) of Indian Penal Code, 1860, and Section 3 read with 25 of Arms Act.

In April 2018, the family of the minor rape victim had travelled to Unnao for a court hearing when her father was brutally assaulted by the accused persons in broad daylight.

The very next day, the police arrested the father on allegations of being in illegal possession of arms and he had ultimately succumbed to multiple injuries suffered by him in police custody.

In August 2019, trial of five cases in the matter, including the case concerning victim's father's death, were transferred from Uttar Pradesh to Delhi, by the Apex Court.

Justice Sharma noted that the judgment of conviction records that the sequence of events clearly established that under the patronage of Kuldeep Singh Senger and his brother, the other accused persons assaulted the victim's father with leg and fist blows and then hit him with the barrel of a rifle.

“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.

Counsel for Petitioner: Mr. Kanhaiya Singhal, Mr. Ujwal Ghai, Ms. Aishwarya Sengar, Mr. Udit Bakshi, Ms. Vani Singhal, Mr. Prasanna, Mr. Teeksh Singhal, Ms. Deepali Pawar, Mr. Ajay Kumar and Ms. Anmol Chopra, Advocates

Counsel for Respondent: Mr. Ravi Sharma, SPP with Mr. Anjani Kumar Rai and Mr. Praphulll Kumar, Advocates

Title: KULDEEP SINGH SENGAR v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 699

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