The Delhi High Court on Monday dismissed former BJP MLA Kuldeep Singh Sengar’s plea seeking suspension of his 10-year sentence in the custodial death case of the Unnao rape survivor’s father, observing that there was no fresh circumstance warranting such relief.
Pronouncing the judgment, Justice Ravinder Dudeja said the court was conscious of the delay in the hearing of the appeal as well as the long period of incarceration already undergone by Sengar.
However, the court made it clear that these factors, by themselves, were not sufficient to justify suspension of sentence in a serious case involving custodial death.
“The court is conscious that there has been a delay in the hearing of the appeal," Justice Dudeja observed, adding that the delay could not be viewed in isolation.
The court noted that the appeal could not be taken up for final hearing on several occasions due to multiple reasons, including the filing of repeated applications by the appellant seeking suspension of sentence.
The judge further underlined that there had been no subsequent development in the case after conviction which could persuade the court to exercise discretion in favour of the appellant.
Taking note of Sengar’s criminal antecedents, the court held that the gravity of the offence and the overall facts and circumstances did not merit suspension of sentence at this stage.
While rejecting the plea, the court said that the appeal would have to be heard on the merits and directed that it be taken up expeditiously.
Justice Dudeja emphasised that the appropriate course would be to decide the appeal finally rather than grant interim relief in the nature of suspension of sentence.
The case relates to the custodial death of Surendra Singh, the father of the minor rape survivor.
As recorded by the High Court, on April 3, 2018, the family of the minor victim had travelled to Unnao for a court hearing when her father was allegedly assaulted in broad daylight by the accused persons.
The very next day, police arrested him on allegations of illegal possession of arms.
He subsequently succumbed to multiple injuries suffered during police custody on April 9, 2018.
Sengar has been in custody since April 13, 2018 and is serving a 10-year jail term in the custodial death case.
He was convicted by the trial court along with other accused in 2018.
The cases arose out of FIRs registered in 2018 at Police Station Makhi, Unnao, Uttar Pradesh, and were decided by the District and Sessions Judge (West) at Tis Hazari Courts, Delhi.
Sengar is also serving a life sentence in the minor rape case.
During the hearing, counsel appearing for the rape survivor strongly opposed the plea, submitting that Sengar does not deserve bail and that there is a continuing threat to the rape survivor and her family.
It was also argued that the survivor has been subjected to harassment and defamation on social media.
On behalf of Sengar, senior counsel submitted that the appellant has remained in custody for nearly nine years and that only about 11 months of the sentence remained.
It was also argued that Sengar was not present at the site of the assault and that there were contradictions in the statements of witnesses.
The defence further pointed out that Sengar had earlier been granted an interim suspension of sentence on the occasion of his daughter’s marriage and had not misused the liberty.
However, after considering the submissions and the material on record, the High Court declined to grant suspension of sentence, reiterating that the appeal must be heard and decided on the merits.
