Suspend jail sentence: Kuldeep Sengar appeals to HC in Unnao rape survivor's father's death case

New Delhi: Expelled BJP leader Kuldeep Sengar on Thursday sought in the Delhi High Court the suspension of a 10-year jail term awarded to him in the custodial death case of the Unnao rape survivor's father.

Sengar sought the reprieve on the ground that while his appeal against the conviction and sentence was yet to be decided by the high court, he had already spent a substantial period in jail.

The former lawmaker, who is out on interim bail till January 20 on medical grounds, also urged the court to extend his period of release because of a cataract surgery at AIIMS scheduled for January 24.

Listing the matter for hearing on January 17, Justice Vikas Mahajan asked Sengar's counsel to place on record certain orders and also asked the Central Bureau of Investigation to verify his medical record.

The senior counsel appearing for Sengar said besides the 10-year imprisonment for the offence under section 304 part (ii) (culpable homicide not amounting to murder), the trial court awarded lesser sentences of one month to seven years for other offences under the Indian Penal Code, which he has served.

"This is an application for the suspension of the sentence. The punishment awarded to the appellant is virtually over. The actual period undergone (in jail) is eight years and one month. There were 9 charges against me... I have served all sentences, barring one (of 10 years)... 24th is the cataract surgery in AIIMS. The appeal is yet to be heard," the senior counsel said.

The court was told that six others have also been given the relief of suspension of sentence.

Sengar's plea was opposed by the counsel for the CBI, who contended that he was the "main accused" whose release would be a threat to the rape survivor and he cannot claim parity with other accused.

The CBI counsel further said that his earlier plea seeking the same relief of suspension was dismissed by the high court in June last year and as far as the issue of interim suspension of the surgery was concerned, a division bench of the high court had last month said that he would not be given any further extension.

Sengar's counsel said he was legally entitled to be given the benefit of suspension of sentence at this stage and he was ready to suffer any terms and conditions.

On December 23, the high court extended till January 20 the interim bail of Sengar in the custodial death case of the Unnao rape survivor's father on medical grounds.

The relief was granted because of a similar order of suspension by the division bench in the main Unnao rape case.

Sengar was convicted of raping the minor survivor and sentenced to imprisonment for the remainder of his life on December 20, 2019. The girl was allegedly kidnapped and raped by Sengar in 2017 when she was a minor.

His appeal challenging the trial court's verdict in the rape case is pending in the high court.

He has sought quashing of the December 16, 2019, trial court judgment convicting him in the rape case and setting aside the sentencing order in the rape case.

On March 13, 2020, Sengar was sentenced to 10 years of rigorous imprisonment by the trial court, which also imposed a fine of Rs 10 lakh, in the custodial death case of the rape survivor's father. The trial court said "no leniency" could be shown for killing a family's "sole bread earner".

The girl's father was arrested at the alleged behest of Sengar under the Arms Act and died in custody on April 9, 2018, owing to police brutality.