Delhi HC refuses to suspend Kuldeep Sengar’s sentence in death of Unnao rape survivor’s father

The Delhi High Court Monday refused to suspend the sentence of former BJP MLA Kuldeep Sengar who has been awarded 10 years’ imprisonment for culpable homicide not amounting to murder in the case of death of Unnao rape survivor’s father.

The decision by Justice Ravinder Dudeja comes a few weeks after a division bench of the Delhi HC had suspended Sengar’s sentence of life imprisonment for the rape of the Unnao survivor. The HC’s decision was subsequently stayed by the Supreme Court.

Justice Dudeja, while rejecting Sengar’s plea to suspend the sentence, reasoned, “Having been convicted, the presumption of innocence is no more available… No exceptional or compelling circumstance has been brought to the fore that would warrant suspension of sentence at this stage. The argument that the appellant has undergone approximately 7.5 years of total imprisonment of 10 years RI (rigorous imprisonment) awarded to him also does not advance his case. The period undergone is relevant but not determinative. When weighed against the gravity of the crime, the threat perception, the appellant’s (Sengar’s) antecedents, and the nature of the Trial Court’s findings, this factor alone cannot warrant suspension.” The Delhi HC, in June 2024, had refused to suspend Sengar’s sentence pending final decision on the appeal; Justice Dudeja took this into account while also noting that there has been no change in circumstances since then to warrant the court to examine his case for suspending the sentence a second time.