The Supreme Court has ordered a speedy hearing on the appeal of Kuldeep Sengar in the custodial death of Unnao rape victim’s father. Sengar had approached the Supreme Court for bail, but the court refused to hear the matter. A bench headed by Chief Justice Surya Kant has asked the Delhi High Court to complete the hearing on Sengar’s appeal against the sentence within 3 months.
In the year 2018, the victim’s father died in police custody. Former MLA Sengar has been sentenced to 10 years in this case under Section 304 (culpable homicide not amounting to murder). On January 19, the Delhi High Court had refused to postpone Sengar’s sentence. Sengar approached the Supreme Court against this and argued that he had spent 7 years and 7 months in jail, hence, he should be granted bail while the appeal was pending.
Considering the seriousness of the case, the Supreme Court refused to hear the postponement of the sentence. Senior lawyer Siddharth Dave, appearing for Sengar, said that this way his client will serve 10 years of imprisonment while the appeal is pending. If after this the High Court finds him innocent then it will be injustice. On this, the court asked the High Court to dispose of Sengar’s appeal within 3 months.
During the hearing, bench member Justice Joymalya Bagchi asked why the case was not filed under Section 302 in this case? The victim’s lawyer said that he has filed an appeal in the High Court making this demand. The Supreme Court said that the High Court should hear Sengar’s objections against the victim’s petition within a week. If the petition is found worthy of hearing then it should also be heard along with the main case.
Hearing the case, the Supreme Court expressed displeasure over its media trial. The bench strongly reprimanded the victim’s lawyer Mahmood Pracha for his statements made outside the court. The Chief Justice said, ‘I once saved you from getting your license suspended. You should understand that our eyes are on you. Maintain professional dignity.
Apart from 10 years’ imprisonment in the death of the victim’s father, Sengar has also been sentenced to life imprisonment for raping the minor victim. In that case, the High Court had suspended his sentence, but on December 29, the Supreme Court had stayed that order.
