Expelled BJP leader Kuldeep Sengar on Thursday approached the Delhi High Court seeking the suspension of the 10-year jail sentence handed to him in connection with the custodial death case of the Unnao rape survivor’s father. Sengar, a former lawmaker, requested the court to grant relief because his appeal against the conviction and sentence is still pending before the High Court, and he has already served a significant portion of his prison term.
Sengar, who is currently out on interim bail for medical reasons, highlighted that he has been in jail for over eight years and has served the sentences for all but one of the charges leveled against him. His interim bail, granted on medical grounds, is set to expire on January 20. However, he also sought an extension of his release period to undergo a cataract surgery scheduled at AIIMS on January 24.
During the hearing, Justice Vikas Mahajan listed the matter for further consideration on January 17. The court directed Sengar’s counsel to provide certain necessary documents and instructed the Central Bureau of Investigation (CBI) to verify the medical records related to his upcoming surgery.
Sengar’s senior counsel argued that apart from the 10-year sentence under Section 304 Part (II) of the Indian Penal Code (culpable homicide not amounting to murder), the trial court had imposed shorter sentences ranging from one month to seven years for other offenses. These, he claimed, have already been served. The counsel also informed the court that six other individuals convicted in the same case had been granted relief through suspension of their sentences and emphasized that Sengar should not be treated differently.
The CBI, however, strongly opposed Sengar’s plea. The agency’s counsel argued that Sengar, being the principal accused in the case, poses a significant threat to the rape survivor and cannot be equated with other co-accused who have received suspension of their sentences. The CBI further reminded the court that a previous plea by Sengar for the suspension of his sentence was dismissed by the High Court in June 2023. Additionally, the agency cited a December ruling by a division bench of the High Court, which had explicitly denied him any further extensions of interim bail.
The case relates to the death of the Unnao rape survivor’s father, who passed away in custody under contentious circumstances. Sengar was convicted and sentenced for his role in the incident, which became a high-profile case, raising national outrage and debates over the safety and justice for survivors of sexual violence. The custodial death added another layer of gravity to the case, with the prosecution presenting it as an attempt to suppress the survivor’s quest for justice.
While Sengar’s legal team continues to press for relief on the grounds of the time already served and his medical condition, the CBI maintains its position that his release could jeopardize the safety and security of the survivor. The court’s upcoming decisions will determine whether Sengar’s sentence is suspended or if he will have to continue serving his term while awaiting the resolution of his appeal.