Unnao Rape: Delhi High Court refuses to suspend sentence of Kuldeep Singh Sengar in custodial death case

The Delhi High Court on Friday rejected a plea filed by former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the case related to the custodial death of the father of Unnao rape victim [Kuldeep Singh Sengar v Central Bureau of Investigation]. .Justice Swarana Kanta Sharma said that just because Sengar had undergone around six years of jail time out of the total sentence of ten years, his punishment cannot be suspended.The Bench ruled that when factors like the gravity of the offence, nature of the crime, criminal antecedents of the convict, and impact on public confidence on judiciary etc. are considered, Sengar is not entitled to suspension of sentence.Justice Sharma also noted that the victim’s family has been under threat and has been given protection by the Central Reserve Police Force (CRPF).“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 concluded..The Unnao rape survivor, a minor, was allegedly kidnapped and raped by Sengar between June 11 and June 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.The case took a controversial turn after a lorry without a number plate rammed into the car in which the victim was traveling. 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.Sengar was convicted in December 2019 for the rape of the minor victim as well as for the custodial death of the victim’s father. He was sentenced to life-imprisonment in the rape case and sent to jail for 10 years in the custodial death case..Advocates Kanhaiya Singhal, Ujwal Ghai, Aishwarya Sengar, Udit Bakshi, Vani Singhal, Prasanna, Teeksh Singhal, Deepali Pawar, Ajay Kumar and Anmol Chopra appeared for Kuldeep Singh Senger.CBI was represented by Special Public Prosecutor Ravi Sharma as well as advocates Anjani Kumar Rai and Praphulll Kumar. .[Read Judgment]