Unnao Case: If guilty, hang him, says Kuldeep Sengar's daughter

Aishwarya Sengar, daughter of ex-BJP MLA Kuldeep Singh Sengar, defended her father, claiming his innocence in the Unnao rape case. She alleged an 'age-old enmity' with the victim's family and challenged the media to produce any evidence against him.

'Hang my father if he's guilty': Aishwarya Sengar

Aishwarya Sengar, daughter of former BJP MLA Kuldeep Singh Sengar, on Monday, while speaking to ANI, claimed that her family had an "age-old enmity" with the Unnao rape victim's family and that the "enmity" actually predated the case. She also urged the media to question the rape victim for even one piece of evidence against her father, claiming that her father is innocent.

Speaking to ANI, she also targeted the rape victim's uncle and alleged that he is a history-sheeter with 17 cases filed against him. The victim's uncle, according to Aishwarya, who is currently detained in Tihar Jail, had also attacked her uncle. She claimed that the victim's family deliberately included her father's name alongwith other people. "The rape victim had previously filed cases against other people, and two and a half months later, she deliberately included my father's name.", she said.

She said that if her father (Kuldeep Sengar) is even proven guilty of looking at the victim with ill intent, then he should receive the severest punishment, i.e., hanging till death. "If my father has even glanced at that girl with ill intent, he should be hanged.", she said.

Daughter alleges flawed case, misinformation

Earlier, Aishwarya Senger, on the same day, expressed anguish after the Supreme Court of India stayed the operation of the Delhi High Court order that had suspended her father's life sentence in the 2017 Unnao rape case. In a statement issued shortly after the Supreme Court's order, Aishwarya Senger said the defence was not even allowed to advance arguments on the merits. "We couldn't even start arguing on the merits of the case today, because she has changed her statement several times, changed the timing thrice, starting from 2 pm, 6 pm and then finally 8 pm.

"The AIIMS medical board found that she was over 18. The CDR records show that I was not at the location of the alleged incident. It has also come on record that she herself was on a call at the alleged time of the incident," she said.

She added that her family has been battling the case for years. "I've been fighting for justice for the past eight years, but maybe the sorrows of me and my family mean nothing. We have been stripped of our dignity, our peace, and even our basic right to be heard. Still, I hope for justice. I request members of the media not to spread any misinformation," she said.

Supreme Court stays suspension of Sengar's sentence

Earlier in the day, a three-judge vacation bench of the Supreme Court, headed by Justice Surya Kant, along with Justices J.K. Maheshwari and Augustine George Masih, stayed the Delhi High Court's December 23 order, which had suspended Sengar's life sentence. The stay was granted while the Central Bureau of Investigation appealed the High Court's decision.

While issuing a notice to Sengar, the Supreme Court made it clear that the High Court order would remain in force and that Sengar would not be released from prison. The bench noted that although such suspension orders are not ordinarily stayed without hearing the convict, the present case involved "peculiar facts", including the fact that Sengar remains incarcerated in another case.

"We are conscious of the fact that when a convict or undertrial has been released, such orders are not ordinarily stayed by this Court without hearing such persons. But in view of the peculiar facts, where the convict is convicted for a separate offence, we stay the operation of the Delhi High Court order dated December 23. Thus, the respondent shall not be released pursuant to the said order," the bench observed.

'Public servant' status under POCSO debated

During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, argued that for the Protection of Children from Sexual Offences (POCSO) Act, a "public servant" includes a person occupying a dominant position over a child. He submitted that Sengar, being a powerful MLA at the relevant time, clearly exercised such dominance, attracting the aggravated offence provisions.

Senior advocates Siddharth Dave and N. Hariharan, appearing for Sengar, opposed the CBI's plea and argued that an MLA cannot be treated as a "public servant" for aggravated offences under the POCSO Act. The bench, however, expressed concern about the High Court's interpretation of the term "public servant" under Section 5 of the POCSO Act, noting that such a view could create an anomalous situation in which elected lawmakers are excluded while lower-level officials are covered.

The Delhi High Court had suspended Sengar's sentence on the prima facie view that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him. Despite that order, Sengar continued to remain in custody as he had not been granted bail in the separate case relating to the custodial death of the victim's father.

Sengar was convicted in 2019 by a Delhi trial court under the Indian Penal Code and the POCSO Act and sentenced to imprisonment for the remainder of his natural life. The trial court had held that he fell within the definition of a "public servant" under the POCSO Act. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)