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The apex court also ordered that the victim’s appeal seeking enhancement of Sengar’s sentence be heard along with his appeal against conviction.
The Supreme Court on Monday asked the Delhi High Court to hear former Uttar Pradesh MLA Kuldeep Singh Sengar’s appeal against his conviction and 10-year sentence in the custodial death case of the Unnao rape victim’s father on an “out-of-turn” basis, directing that the matter be decided within three months.
The apex court also ordered that the victim’s appeal seeking enhancement of Sengar’s sentence be heard along with his appeal against conviction.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N V Anjaria was hearing Sengar’s plea challenging the Delhi High Court’s January 19 order refusing to suspend his sentence in the custodial death case.
Defence claims sentence almost completed
Appearing for Sengar, Senior Advocate Siddharth Dave submitted that the former MLA has nearly completed the sentence awarded to him.
“9 yrs 7 months I have completed out of 10 years...HC says period of incarceration is not sole criteria...my appeal is of 2020...10 years is the sentence...another 5 months, I would have undergone the entire sentence!” Dave was quoted as saying by Live Law.
CJI flags actual incarceration and remission
CJI Kant intervened to clarify the actual period of imprisonment undergone by Sengar, observing, “Actual undergone is 7 yrs something...”
The CJI further cautioned that remission may not automatically apply in such cases, adding, “it is highly debatable whether you will be entitled to claim remission in such case of moral turpitude.”
Court questions absence of appeal for enhanced charge
During the hearing, Justice Joymalya Bagchi questioned why no appeal had been filed seeking conversion of the conviction to a more serious offence.
“Why not appeal for converting it to S.302?” Justice Bagchi asked.
Responding to this, Dave said, “Today there's no appeal, the cause title...”
Justice Bagchi, however, dismissed the technical objection, stating, “We are not concerned with cause title...victim is before us.”
Court records submissions, seeks expeditious High Court hearing
Recording the submissions, the Supreme Court noted: “At the outset it is pointed out by SG Mehta that appellant's criminal appeal is pending before the HC on Feb 11. He thus submits that HC can be requested to take up and decide the appeal on merits on out of turn basis.”
The bench further observed that although counsel for the complainant had referred to an appeal challenging the quantum of sentence, it was not reflected in the record. “Since there is no reference of this appeal, we do not express any opinion in relation thereto,” the court said.
Life sentence in separate rape case noted
Senior Advocate Dave also argued that in cases involving a fixed-term sentence, suspension during the pendency of an appeal is generally granted. However, the bench pointed out that Sengar is already serving a life sentence in a separate case related to the rape of the Unnao survivor.
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