Kamal Ghorui
NEW DELHI: Less than a month after his release was stayed by Supreme Court in the main rape case, Delhi high court on Monday refused to suspend a 10-year jail term handed to expelled BJP functionary Kuldeep Singh Sengar for the custodial death of the Unnao rape survivor’s father.“The offence committed is of grave magnitude and has a deep societal impact,” Justice Ravinder Dudeja observed, rejecting relief sought on the grounds of delay in trial. The HC pointed out that the delay was partly caused by the multiple applications Sengar’s legal team filed in the matter.
“Purpose would be served if the appeal were heard on merit in an expeditious manner,” the HC said, listing the appeal for hearing on Feb3.HC said it was “noteworthy” that Sengar has “criminal antecedents in as much as he was convicted in a connected case for the rape of a minor and sentenced to undergo life imprisonment. The existence of such serious antecedents is a significant consideration and militates strongly against suspension (of the sentence).”It highlighted the findings of the trial court that Sengar was a key participant in the conspiracy and that the assault on the rape survivor’s father, and the subsequent falsification of the FIR, were part of that design.“Those findings form the basis of the conviction of the appellant and cannot be set aside lightly at the stage of deciding application for suspension of sentence,” the HC noted.On the argument that circumstances changed since his conviction, the HC said, “No exceptional or compelling circumstance was brought to the fore that would warrant suspension of sentence at this stage. The argument that the appellant underwent approximately 7.5 years of total imprisonment of 10 years RI awarded to him also does not advance his case. The period undergone is relevant but not determinative.”It underscored that when “weighed against the gravity of the crime, the threat perception, the appellant’s antecedents, and the nature of the trial court’s findings, this factor alone cannot warrant suspension.” In 2020, Sengar was sentenced to 10 years’ rigorous imprisonment by a trial court in the case. The trial court said “no leniency” could be shown for killing a family’s “sole bread earner.” It also awarded a 10-year jail term to Sengar’s brother, Atul Singh Sengar, and five others for their role in the custodial killing of the rape survivor’s father.The father was arrested at the behest of Sengar under the Arms Act and died in custody on April 9, 2018, owing to police brutalities. Sengar kidnapped the minor and raped her in 2017. The former lawmaker’s sentence was suspended by HC on Dec 23, 2025, in the main rape case but the order was stayed by the Supreme Court on Dec 29, 2025.
