Unnao rape case: Delhi HC refuses to suspend sentence of Kuldeep Singh Sengar’s brother convicted over death of victim’s father

He was awarded 10 years’ rigorous imprisonment by a trial court in Delhi in March 2020. He claimed that his medical condition is such that he cannot serve his sentence in jail and must be released from judicial custody.

A single-judge bench of Justice Swarana Kanta Sharma in its January 24 order perused a report filed by a medical board of AIIMS, and said that the “report is clear on point that medical condition of the appellant is not of a nature that he cannot serve the sentence awarded to him, in the jail”.

The high court also rejected Sengar’s contention that his sentence be suspended as the sentences of the co-accused had also been suspended. It observed that Sengar had remained in judicial custody for three years, “which is much lower than the half of total sentence awarded” to him. It said that he cant seek relief on the “ground of parity” after noting that the co-accused had served half of their sentences.

It also observed that the trial court had held that Sengar was the person “under whose guidance and patronage, the offence in this case was committed, which had led to the death” of the rape victim’s father.

Considering the period of custody undergone by Sengar, his medical condition, the severity and gravity of the offence committed by him and the “impact of public confidence in courts”, the high court said it found no merit in Singer’s plea at this stage.

The court then listed Sengar’s appeal against conviction and sentence on May 3. However, it clarified that the observations shall not be construed as an opinion on the merits of the case.

The case dates back to June 4, 2017, when the woman, then 17, was allegedly raped by Kuldeep Singh Sengar. He was expelled from the BJP in August 2019. On April 3, 2018, her father was allegedly framed in an illegal arms case and arrested. On April 9, 2018, he died in judicial custody.