Unnao rape case: Kuldeep Sengar's final appeal heard in Delhi HC

The Delhi HC heard former BJP MLA Kuldeep Singh Sengar's final appeal in the Unnao rape case. His lawyer argued that he was wrongly sentenced as a public servant for the area of the incident, as he was not the MLA there.

The Delhi High Court on Tuesday heard the arguments on the final appeal filed by former BJP MLA Kuldeep Singh Sengar in the Unnao rape case. His counsel argued that the trial court awarded the punishment prescribed for a public servant for the offence of rape, though he was not an MLA from the area where the incident was reported.

Sengar is serving a life sentence in the Unnao rape case. He had challenged the trial court judgement. His appeal is pending before the Delhi High Court. Division bench of justices Prathiba M Singh and Madhu Jain heard the initial arguments advanced by a senior advocate who appeared for Sengar. Advocate Mehmood Pracha appeared for the victim. The bench has listed the matter for hearing arguments on 6, 7 and 8 July.

Key Arguments in Sengar's Appeal

Senior advocate N Hariharan, along with SPM Tripathi and Siddharth Yadav, appeared for Kuldeep Singh Sengar. Advocate Hariharan argued that Sengar was convicted and sentenced to life Imprisonment under section 376 (2) of IPC, which prescribed punishment for a public servant. It was argued that Sengar was an MLA from Bangar Mau, while the incident was reported from Makhi Police Station in Shafi Pur assembly area and FIR in Makhi Police Station of Unnao in Uttar Pradesh. Though he was not an MLA from that area.

Senior counsel also argued that though the co-accused Shashi Singh was acquitted in this case, Sengar was also convicted for the offence of criminal Conspiracy. "How could he be convicted for the offence of criminal Conspiracy once the co-accused is acquitted in this case," he said.

It was also argued that Sengar has been in custody for more than nine years. Despite there is no case made out against him. Though he was not an MLA from the place of the incident, he was still convicted and sentenced in the connected section of the IPC.

Background of the Case

Sengar was convicted and sentenced by the District Judge Dharmesh Sharma in 2017. He was also convicted and sentenced to 10 years Imprisonment alongwith others in the Unnao custodial death case. Both appeals are pending before the Delhi High Court.

This case was transferred to Delhi from Uttar Pradesh on a direction passed by the Supreme Court. Recently, the Supreme Court has passed a direction for the expeditious disposal of appeals pending before the Delhi High Court. (ANI)

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