&imwidth=800&imheight=600&format=webp&quality=medium "Unnao rape case: Supreme Court refuses to hear Kuldeep Sengar’s appeal against conviction")
The Supreme Court on Monday refused to hear Unnao rape convict Kuldeep Singh Sengar’s appeal challenging his conviction and 10-year prison sentence in a case related to the custodial death of the rape survivor’s father and sent it back to the Delhi High Court, requesting it to accord an “out-of-turn” hearing. An apex court bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria asked the Delhi High Court to decide the case as early as possible, but not later than three months.
The top court was hearing Sengar’s plea challenging the Delhi HC’s order dated January 19, refusing to suspend his sentence in the death case.
Senior advocate Siddharth Dave, appearing for Sengar, submitted before the court that he has already served seven years and seven months of the actual sentence of ten years.
Main appeal against conviction listed for hearing on Feb 11
Solicitor General of India Tushar Mehta, appearing for the Central Bureau of Investigation, then informed the court that the main appeal against the conviction is listed for hearing on February 11. Mehta suggested that Sengar’s plea can be directed to be heard expeditiously on an “out-of-turn” basis.
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Meanwhile, advocate Mahmood Pracha, appearing for the rape survivor, told the apex court that they have filed an appeal to convert the conviction from Section 304 of the Indian Penal Code (IPC) to Section 302, thereby enhancing the prison sentence to life imprisonment.
Sengar’s advocate argued that suspension of the sentence during the pendency of the appeal is normal. However, the SC pointed out that Sengar is also serving a life sentence in the other case related to the Unnao rape case.
“If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?” Justice Bagchi asked.
“Keeping in view the circumstances, especially the period undergone by appellant, we deem it a fit case for requesting HC to accord an out-of-turn hearing and decide the case as early as possible but not later than 3 months. As regards a criminal appeal filed by the complainant party, if any, we grant liberty to the appellant in that case to approach the HC for taking up their appeal too for hearing,” the top court said in its order.
“HC is requested to first take up that matter in 1 week, and subject to objections re: maintainability etc., it will be interest of justice that both appeals are heard and decided together. If such recourse requires a change in the composition of the bench for deciding 539/2020, Hon’ble CJ of HC will do the needful. If there are other connected appeals, those could also be taken up and decided,” said the Supreme Court.
Sengar challenged Delhi HC order, citing delay in trial
Sengar had challenged the Delhi High Court’s January 19 order refusing to suspend his 10-year jail term in the case on the grounds of delay in trial. The delay was partly caused by multiple applications filed by the accused in the matter, the high court said.
Sengar’s appeals in the main rape case against the December 2019 judgment convicting him and sentencing him to imprisonment for the remainder of his life, as well as the father’s case, are pending in the high court.
The rape case and other connected cases were transferred to Delhi from a trial court in Uttar Pradesh on the orders of the Supreme Court on August 1, 2019.
