Unnao Rape Case: HC Seeks CBI, Victim's Response on BJP MLA Sengar's Bail Plea

The Delhi High Court Thursday sought response of the CBI and the victim on a plea by expelled BJP MLA Kuldeep Singh Sengar seeking bail in a case in which he was sentenced to life term for raping a minor girl in UP's Unnao in 2017. A bench of Justices Siddharth Mridul and Rajnish Bhatnagar issued notice to the CBI and the victim on the bail plea and listed the matter for further hearing on May 25.

The court also sought response of the CBI and the victim on another application by Sengar in which he sought production of additional evidence in support of his appeal challenging the trial court's verdict in the case. His counsel contended that an affidavit filed by the victim would show that she was not a minor at the time of the offence.

He further sought bail in the case saying he has been incarcerated for last four years. Sengar's appeal challenging the trial court's verdict is already pending in the high court.

He has sought quashing of the December 16, 2019 judgement of the trial court which convicted him. He has also sought setting aside of the December 20, 2019 order sentencing him to imprisonment till remainder of his life. The trial court had convicted Sengar under various provisions including section 376 (2) of IPC which deals with the offence of rape committed by a public servant who "takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him".

It had awarded him the maximum punishment of life term with a rider that the convict will remain in jail for "remainder of his natural biological life" and also imposed an exemplary fine of Rs 25 lakh on him. The woman was kidnapped and raped by Sengar in 2017 when she was a minor.

The trial, which started on August 5, 2019 after it was transferred from Unnao to Delhi on the Supreme Court's directions, was carried on a day-to-day basis. The apex court, taking cognisance of the rape survivor's letter written to the then Chief Justice of India Ranjan Gogoi, had on August 1, 2019 transferred all five cases registered in connection with the Unnao rape incident from a Lucknow court in Uttar Pradesh to the court in Delhi with directions to hold trial on a daily basis and completing it within 45 days.

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