New Delhi, Jan 19: The Delhi High Court on Monday refused to suspend the 10-year jail term of expelled BJP leader Kuldeep Singh Sengar in the custodial death case of the Unnao rape survivor’s father on the grounds of delay in trial, saying it was partly caused by the multiple applications he had filed in the matter.
“The application seeking suspension of sentence is dismissed,” said Justice Ravinder Dudeja.
The judge observed that while Sengar has undergone prolonged incarceration of about seven-and-a-half years, relief could not be granted on the ground of delay alone, as the appellant had repeatedly moved applications for interim suspension, extension of bail and regular suspension of sentence.
Noting that Sengar was awarded the maximum sentence of 10 years in the case, Justice Dudeja remarked that the offence committed was of “grave magnitude”, having a “deep societal impact”.
“Purpose would be served if the appeal were heard on merit in an expeditious manner,” Justice Dudeja said.
“In the facts and circumstances and after considering the statutory framework, the judicial principles governing suspension, the antecedents of the appellant and the absence of any new circumstance that has emerged, the court finds no ground to grant relief,” the court opined.
The court listed the appeal for hearing on February 3.
Talking to PTI over the phone from Delhi, the rape survivor expressed satisfaction with the court’s verdict, saying the decision had brought her a sense of solace.
“I am very happy with the court’s decision. Today, my father’s soul has found some peace. I have not even performed my father’s thirteenth-day rituals yet. Until his killers are sentenced to death, his soul will not find true peace,” she said.
Reiterating her resolve to fight for justice, she said those responsible for her sexual assault and her father’s death must face the strictest punishment.
“Kuldeep Singh Sengar, his brother Atul Singh Sengar, and everyone involved in this conspiracy must be awarded the death penalty,” she said.
“This is not just my battle… it is a fight for justice and truth, and I will continue it till my last breath,” she added.
On March 13, 2020, Sengar was sentenced to 10 years rigorous imprisonment by a trial court, besides imposition of a fine of Rs 10 lakh, in the case.
Seeking suspension of the sentence, Sengar’s counsel submitted before the high court that he had been in custody since April 13, 2018, and spent more than half of his sentence in jail.
It was further stated that since the appeal was not likely to be heard in the near future, Sengar’s continued incarceration would cause grave and irreparable prejudice as the appeal itself could become infructuous.
The CBI, as well as the counsel for the survivor, opposed the plea.
In his judgement, Justice Dudeja observed that according to the trial court, Sengar was a key participant in the conspiracy, and that the assault on the deceased and the subsequent falsification of the FIR were part of that design.
Such findings, the judge said, could not be set aside lightly at the stage of deciding an application for suspension of sentence.
It added that Sengar’s conviction in the main rape case was a “serious antecedent”, which “militates strongly against suspension” in the case.
The court also considered the CRPF protection given to the survivor and her family, stating that it reflected the “gravity of the threat perception”.
“Prolonged incarceration by itself cannot be a standalone ground for the grant of suspension of sentence, particularly where no new circumstance has arisen subsequent to the earlier rejection of suspension.
“Having been convicted, the presumption of innocence is no more available to the appellant. No exceptional or compelling circumstance has been brought to the fore that would warrant suspension of sentence at this stage,” the court concluded.
While convicting Sengar, the trial court had said “no leniency” could be shown for killing a family’s “sole bread earner”.
It had also awarded a 10-year jail term to Sengar’s brother, Atul Singh Sengar, and five others for their role in the custodial death.
The rape survivor’s 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 had kidnapped the minor and raped her in 2017.
The trial court, which did not hold the accused guilty of murder under the Indian Penal Code (IPC) in the father’s case, awarded the maximum sentence for the offence of culpable homicide not amounting to murder to convicts under Section 304 of the IPC after holding that there was no intention to kill.
Sengar’s appeals in the main rape case against the December 2019 judgement convicting him and sentencing him to imprisonment for the remainder of his life, as well as the father’s case, are pending in the high court.
His sentence was suspended by the high court on December 23, 2025, till the pendency of his appeal challenging his conviction and sentence in the rape case. The suspension was stayed by the Supreme Court on December 29, 2025. (PTI)
