Unnao rape case: CBI points to crime’s impact on society, wants life term for Sengar

CBI prosecutor Ashook Bhartendu on Tuesday told the court: “It was basically the fight of an individual against the system. Keeping in view the kind of impact such offences have on the society, the mindset of the people, in this case the accused deserves maximum punishment.”

District Judge Dharmesh Sharma adjourned proceedings on quantum of sentence to December 20 after arguments remained inconclusive.

Explained | Sengar convicted of Unnao rape: what is the story of this case of many twists and turns

The court also sought a copy on Sengar’s election affidavit to ascertain assets he had declared to decide the compensation to be awarded to the victim.

During the arguments on quantum of sentence, Bhartendu cited several Supreme Court judgments to drive home the point that gravity and seriousness of the offence, and its impact on the society, has to be looked into. Citing a Supreme Court judgment, he told the court, “Any liberal attitude by imposing a meagre sentence or too sympathetic a view merely on the account on lapse of time…may be counterproductive in the long run and against societal interest, which needs to be taken care of…”

He also said, “It has been clearly and categorically laid down by the Supreme Court by various judicial pronouncements that gravity and seriousness of the offence and its impact over society at large is to be looked into.”

The CBI told the court that it is the duty of every court to award proper sentence regarding the nature of the offence, and the manner in which it was committed. “It is expected that the court would operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern,” Bhartendu told the court.

The victim’s counsel, Dharmender Kumar Mishra, told the court that she must be awarded compensation, apart from the one already awarded by Supreme Court. Judge Sharma said, “No amount of compensation would repair her injury.”

Sengar’s counsel, Tanvir Ahmad Mir, told the court that a minimum sentence must be implemented. Reading out a list of development work carried out by Sengar in his constituency – bridges, power plants, and primary health care centres, etc – he argued that there was no blemish on his career.

“Looking into his previous conduct, depraved mentality is not seen in prior conduct. For the indictment and conviction in such a scenario a minimum sentence must be implemented,” Mir told the court.

He also said Sengar is father of two minor children and there was no complaint against him during his stay in Tihar jail.

The court had conducted day-to-day hearings from August 5 this year after the Supreme Court transferred five cases from the Unnao incident to Delhi.

Sengar had raped the victim, then 17, on June 4, 2017. On April 3, 2018, her father was allegedly framed in an illegal arms case and arrested. He died in judicial custody on April 9, 2018.

On July 28 this year, a speeding truck rammed into the car in which the victim, her two aunts and their lawyer were travelling. Her aunts were killed and the victim and her lawyer were critically injured.