[Unnao Rape Case] Delhi High Court issues notice in bail plea filed by Kuldeep Singh Sengar

The Delhi High Court on Thursday issued notice in the bail plea filed by former Bharatiya Janata Party (BJP) legislator Kuldeep Singh Sengar, who was convicted in the 2017 Unnao rape case [Kuldeep Singh Sengar v. Central Bureau of Investigation and Anr].

A Division Bench of Justices Siddharth Mridul and Rajnish Bhatnagar issued notice to the Central Bureau of Investigation (CBI) and the survivor, seeking their responses by May 25, when the case will be taken up next.

The bail application was moved by Sengar in his pending appeal against the order of the lower court which convicted him for the rape of a 17-year-old girl. The trial court had sentenced him for life and imposed a fine of ₹25 lakh.

The High Court has also issued notice on an application moved by Sengar under Section 391 of the Code of Criminal Procedure (CrPC) seeking additional evidence that is necessary to prosecute his appeal against the lower court judgment.

Sengar's counsel told the Court that they were seeking the age certificate of the victim, which would show that she was not a minor at the time of the offence.

A Delhi court had in December 2019 sentenced Sengar to imprisonment for the remainder of his life in the 2017 Unnao rape case. The CBI Court also imposed a fine of ₹25 lakh on Sengar. As per the order, ₹10 lakh out of this amount was to be given to the victim and ₹15 lakh to be settled towards prosecution expenses.

The Court had also directed that adequate steps shall be taken by the CBI to ensure that the life and liberty of the survivor and her family is protected by providing a safe house and change of identity, if so desired by the family.

While imposing the maximum sentence on Sengar, the Court remarked that there were no mitigating circumstances. It was added that being a public servant in a democratic set up, Sengar enjoyed the faith of people which was betrayed and a single act of depravity was enough to do so.

The Court also took note of the fact that even after the offence was committed, Sengar made all efforts to silence the victim and her family. The trial in the case was held in-camera.

The Unnao rape survivor, a minor, was allegedly kidnapped and raped by Sengar between June 11-20, 2017. She was then sold for ₹60,000, after which she was recovered at the Maakhi police station.

The survivor was thereafter continuously threatened and warned by the police officials against speaking out, as instructed by Sengar.

An FIR finally came to be recorded against Sengar under Sections 363 (punishment for kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage, etc), 376 (rape), 506 (punishment for criminal intimidation) of the Indian Penal Code and Sections 3/4 of the POCSO Act in April 2018. Sengar was also arrested pursuant to an order passed by the Allahabad High Court.

The case took a controversial turn after a lorry without a number plate rammed into the car in which the victim was travelling. The victim and her lawyer were critically injured, while two of her aunts passed away. In August 2019, the Supreme Court transferred the trial in four cases relating to the Unnao rape case to Delhi and ordered that the same be held on a day-to-day basis and completed within 45 days.

In December 2021, a Delhi Court had discharged Sengar from this case after finding no prima facie evidence that he orchestrated the accident.