Unnao Rape case: Delhi HC issues notice in Kuldeep Singh Sengar's appeal against conviction

The Delhi High Court today issued notice in expelled BJP MLA Kuldeep Singh Sengar's appeal against his conviction in the Unnao Rape case.

Notice was issued to the Central Bureau of Investigation (CBI) and the rape survivor by a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal.

The Court today also extended the 30 days time period granted to Sengar to deposit the fine of Rs 25 lakh by another 60 days.

The Court clarified that out of Rs 25 lakh, Rs 10 lakh shall be given to the rape survivor without any conditions.

While declining Sengar's request to make this deposit subject to the outcome of the appeal, the Court said,

The deposit of the remaining amount ie. Rs 15 lakh, was however, made subject to further orders and shall be deposited with the Court's Registry.

Sengar today expressed his incapability to pay the fine by stating that he was a poor man who was the sole bread earner of his family, and who had two daughters of marriageable age. The Court, however, remarked that as per the records of the case, he had several assets in his and his wife's name.

Sengar was represented by Senior Advocate N Hariharan with Advocate Tanwir Ahmed.

Sengar has challenged his conviction on the ground that the trial court's judgment was not based on evidence and was perverse. It was added that the trial court misconstrued the record and convicted Sengar in spite of his alibi being proved.

Sengar said that at the time of the commission of the offence at Maakhi village, he was at his city office in Unnao and had left for Kanpur thereafter. He stated the same could be proved from his call data records, which was admitted as evidence by the prosecution.

Sengar also pressed for suspension of his sentence. The Court, however. replied,

"No, we are not inclined... In view of the facts, you are an undertrial in other cases too..."

The Court also said,

Sengar was convicted by the Court of District and Sessions Judge, Tis Hazari in December last year for commission of offences under Section 376 of the Indian Penal Code and Sections 5(c) and 6 of the Protection of Children from Sexual Offences (POCSO) Act.

He was thereafter sentenced to imprisonment for the remainder of his life. The trial court had also imposed a fine of Rs 25 lakh which was to be deposited by January 20.

As per the prosecution's case, the Unnao rape survivor, a minor, was kidnapped and raped by Sengar between June 11-20, 2017. She was then sold for Rs. 60,000, after which she was recovered at the Maakhi police station.

An FIR finally came to be recorded against Sengar under Sections 363, 366, 376, 506 IPC and 3/4 of the POCSO Act in April 2018. The Allahabad High Court even ordered the arrest of Sengar for the alleged rape of the 15-year-old survivor in 2017.

Last year, the Unnao rape case took a controversial turn after a lorry without a number plate rammed into the car in which the victim was travelling. The victim and her lawyer were critically injured, while two of her aunts passed away.

Subsequently, the Supreme Court transferred the trial in all four cases to Delhi from Lucknow and ordered that the same be held on a day-to-day basis and completed within 45 days.

The other related cases which are pending before the court include cases pertaining to the death of the survivor’s father in judicial custody following an illegal firearms case against him, the involvement of Sengar and others in the accident case, and the gang rape of the rape survivor by three others.

Sengar was represented by Senior Advocate N Hariharan with Advocate Tanveer Ahmed.

The matter will be heard next on May 4.