The Supreme Court on Monday asked the Delhi High Court to hear former Uttar Pradesh MLA Kuldeep Singh Sengar’s appeal against his conviction and 10-year sentence in the custodial death case of Unnao rape victim’s father on an “out of order” basis and ordered the matter to be decided within three months.
The Supreme Court also ordered that the victim’s appeal seeking an increase in Sengar’s sentence be heard along with his appeal against the conviction.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria heard Sengar’s plea challenging the Delhi High Court’s January 19 order refusing to suspend his sentence in the custodial death case.
The defense says the sentence is almost done
Senior advocate Siddharth Dave, who appeared for Sengar, said the former MLA had almost completed the sentence awarded to him.
“Out of 10 years I completed 9 years 7 months…HC says jail time is not the only criteria…my appeal is from 2020…10 years is a sentence…in another 5 months I would undergo the entire sentence!” Dave told Live Law.
CJI reports actual incarceration and remission
CJI Kant intervened to clarify the actual period of imprisonment that Sengar underwent, noting, “7 years is something really done…”
The CJI further cautioned that a pardon may not automatically apply in such cases, adding, “It is highly debatable whether you will be entitled to a pardon in such a case of moral turpitude.”
The court questions the absence of an appeal to increase the charges
During the hearing, Justice Joymalya Bagchi asked why an appeal had not been filed to convert the conviction to a more serious offence.
“Why don’t you refer to the transfer to S.302?” Judge Bagchi asked.
To which Dave replied, “There is no appeal today, the title of the case . . .”
However, Judge Bagchi dismissed the technical objection, saying, “We are not interested in the name of the cause… the victim is before us.”
Court notes filing, seeks expedited High Court hearing
The Supreme Court, while recording the submissions, observed: “At the outset, SG Mehta points out that the criminal appeal of the applicant is pending before the HC on February 11. Thus, he submits that the HC can be asked to take up and decide the merits even out of order.”
The court further noted that although counsel for the applicant referred to an appeal challenging the sentence, this was not reflected in the record. “Since there is no reference to this appeal, we do not comment on it,” the court said.
A life sentence was recorded in a separate rape case
Senior Advocate Dave also argued that in cases involving a fixed term sentence, a stay of sentence during the pendency of an appeal is generally allowed. The bench, however, pointed out that Sengar is already serving a life sentence in a separate case related to the rape of the Unnao survivor.
