After suspension of jail sentence of ousted BJP leader Kuldeep Singh Sengarwho was serving a life sentence in the 2017 Unnao rape case, the victim, her mother and an activist protested at India Gate against the Delhi High Court order.
Sengar’s sentence was suspended by the High Court pending the hearing of his appeal against his conviction and sentence in the rape case.
He challenged the court’s December 2019 verdict in the case.
Delhi Police removed the victim, her mother and activist Yogita Bhayana from the protest site.
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However, Sengar will remain in jail as he is also serving a 10-year sentence in the death of the victim’s father and was not granted bail in that case.
An Unnao rape survivor said this PTI that she was not satisfied with the verdict.
“I have small children. There is an elderly, differently abled mother-in-law and my husband at home. My biggest concern is the safety of my children,” she said.
She claimed that during the trial her family was repeatedly forced to bypass the court and questioned why the security cover provided to her family members, legal assistants and witnesses was withdrawn.
“Usually the judgment is handed down within two to three days after the end of the disputes. But in this case, the decision was made only after three months. Security for the family and witnesses was withdrawn even before the judgment was handed down,” she said.
“For a serious crime, where my father was murdered and I was raped, the accused is released on bail after serving several years in prison. This raises the question of what kind of justice this is,” she added.
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What does the HC order say?
The Delhi High Court has imposed several conditions on Sengar and ordered him to provide personal bond ₹15 crore with three guarantees of similar amount.
The HC also told him not to come within five kilometers of the victim’s residence in Delhi and not to threaten her or her mother.
“Breach of any of the conditions would lead to cancellation of the bail,” the high court said in its 53-page verdict.
The HC said keeping Sengar in jail when he had already spent about seven years and five months in jail would be a violation of Article 21 (protection of life and liberty) of the Constitution.
Regarding the victim’s life-threatening fears, the court said he expected him to continue to get CRPF cover.
“At the same time, however, the argument of keeping the complainant (Sengara) in custody due to the perception of danger to the victim/survivor is not, in the opinion of this court, a sustainable argument that would deny the complainant the benefits of section 389 of the Civil Code.
The Supreme Court also directed Sengar to deposit his passport with the trial court and report to the local police station every Monday at 10 am.
About the case
Sengar kidnapped a minor and raped her in 2017.
The rape case and other related cases were transferred to Delhi on 1 August 2019 from the trial in Uttar Pradesh on the direction of the Supreme Court.
