New Delhi [India], January 31 : While arguing before the Delhi High Court against the judgement and sentence awarded to former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar, his counsel argued that five out of the seven convicts are out after suspension of their sentences, and the sixth convict is out on medical suspension. The counsel pointed out that all convicts, including the appellant, were awarded the same punishment.
The High Court is dealing with the appeal of Kuldeep Singh Sengar in the Unnao custodial death case, in which he is serving a ten-year sentence.
Justice Vikas Mahajan, after hearing arguements at length, asked the counsel for Sengar and the Central Bureau of Investigation (CBI) to file short notes on their arguements. The matter is scheduled for further arguments on February 3.
Senior counsel Manish Vasisth, along with advocate Kanhaiya Singhal, appeared on behalf of Kuldeep Singh Sengar. The defence argued that Sengar was not present at the scene on April 3, 2018, when the incident occurred.
It was also submitted that the trial court relied on Section 61 of the Criminal Procedure Code (CrPC) of the appellant's secretary Santosh Mishra. He talked to the appellant on the phone on the day of the incident when he was not there. However, he was not examined by the court.
Another statement of SP was also relied upon, she was also not examined and talked with him (Sengar). The Investigation officer verified this statement, the counsel argued.
It was also argued that there was Contradiction in the statement of two witnesses. There is a lack of credibility and reliability.
The submissions made by the counsel for the appellant were opposed by the counsel for the CBI.
The bench after hearing the arguments asked the counsel for both sides to file a Short note and asked to Come on Monday for further hearing.
Sengar is serving 10 years sentence in Unnao Rape Victim's father's custodial death case. He has been in custody since 13 April 2018.
Senger along with other accused was convicted by the Tis Hazari Court in 2018. He is also serving a life sentence in Minor's rape case.
These cases stem from FIRs of 2018, registered at Police Station Makhi, Unnao, Uttar Pradesh, which were decided by the District and Sessions Judge (West) at Tis Hazari Courts, Delhi.
In June 2024, his plea for suspension of sentence was rejected by the High Court.
Senger's counsel had argued that the appellant had been languishing in jail since April 13, 2018, except for a brief period when he was granted the benefit of interim suspension of sentence by this Court, on account of the marriage of his daughter, and the appellant, had admittedly, not misused the liberty granted to him.
The background of the present case is that on June 4, 2017, the minor daughter of the victim, in this case, was enticed on the pretext of getting a job and was taken to the house of appellant Kuldeep Singh Senger where the appellant had raped her.
The high court noted that on April 3, 2018, the family of the minor rape victim had travelled to Unnao for a court hearing when her father, the victim in this case was brutally assaulted by the accused persons in broad daylight. The very next day, the police arrested the victim Surendra on allegations of being in illegal possession of arms and he ultimately succumbed to multiple injuries suffered by him, in police custody on April 9, 2018.