Delhi High Court Defers Hearing on Unnao Survivor’s Plea Seeking Death Penalty for Kuldeep Sengar

A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja was hearing the plea filed by the survivor, who has challenged the quantum of punishment awarded to Sengar and others. The survivor has urged the court to enhance the sentence imposed on the convicts and argued that the punishment should be commensurate with the gravity of the offence.

During the proceedings on Wednesday, the bench allowed more time to the convicts to submit their replies to the plea. Taking note of the request, the court adjourned the matter and directed that the case be taken up again later this month.

The plea seeks enhancement of the sentence awarded to Sengar by a Delhi court in March 2020. At that time, the trial court had convicted Sengar for his role in conspiring in the custodial death of the survivor’s father and sentenced him to ten years of rigorous imprisonment.

The survivor has argued before the High Court that the punishment awarded by the trial court is inadequate in light of the seriousness of the offence. According to the plea, the circumstances surrounding the death of her father warrant a far stricter penalty, and the convicts should be awarded the death sentence.

The case has its origins in events that unfolded in April 2018 in Unnao district of Uttar Pradesh. The survivor, who was a minor at the time, had accused Sengar of rape. Shortly after the allegation surfaced, tensions escalated between the survivor’s family and individuals associated with the former legislator.

According to the prosecution, the survivor’s father was assaulted by associates of Sengar. The following day he was arrested by the police on allegations of illegal possession of arms. He later died in police custody after sustaining multiple injuries.

The custodial death triggered widespread outrage and raised serious questions about the circumstances under which the victim’s father was arrested and detained. The matter eventually became one of several criminal cases connected to the Unnao rape incident.

Given the sensitivity of the case and concerns regarding fairness in the trial process, the Supreme Court had earlier transferred the proceedings from Uttar Pradesh to Delhi. The apex court directed that the trial in the related cases be conducted in the national capital to ensure an impartial and expeditious process.

Following the transfer, the Delhi court conducted the trial and in March 2020 found Sengar guilty of conspiracy in the custodial death of the survivor’s father. He was sentenced to ten years of rigorous imprisonment in that case.

Sengar is already serving a separate sentence in connection with the rape case involving the minor survivor. In December 2019, a Delhi court convicted him of rape and sentenced him to imprisonment for the remainder of his natural life.

Over the years, Sengar has also approached higher courts seeking suspension of his sentence and release on bail. Earlier this year, the Delhi High Court rejected his second application seeking suspension of sentence. The court had cited the gravity of the offence, his criminal antecedents and the absence of any new circumstances that could justify granting bail.

The Supreme Court had also declined to suspend Sengar’s sentence while noting that his appeal against conviction was already pending before the Delhi High Court.

In January, a bench of the Supreme Court headed by the Chief Justice of India passed an order requesting the Delhi High Court to make efforts to decide Sengar’s appeal as expeditiously as possible. The apex court had suggested that the matter be taken up preferably within three months.

The Supreme Court had also observed that if the survivor’s appeal challenging the quantum of sentence is found to be maintainable, it would be appropriate for all related appeals to be heard together. The court noted that hearing the connected matters simultaneously would help ensure a more efficient resolution of the case.

With the latest order, the Delhi High Court has granted additional time to the convicts to place their responses on record. The court is expected to consider the survivor’s plea for enhancement of the sentence when the matter is taken up again on March 28.

Source: The Telegraph