Delhi High Court on Monday turned down a plea by expelled BJP leader Kuldeep Singh Sengar seeking the suspension of his 10-year jail sentence for the death of the Unnao rape survivor’s father in custody.
The court noted that the offence under which Sengar has been convicted is of “grave magnitude and has a deep societal impact”. It also took his “criminal antecedents” into account as he is serving a life term for the rape of the Unnao woman, who was a minor at the time of the crime.
The fresh setback to Sengar comes close to three weeks after the Supreme Court halted Delhi High Court’s order suspending his life sentence in connection with the rape.
While delivering the order in the custodial death case, Justice Ravinder Dudeja said: “No grounds are made out for grant of relief. Accordingly, the present application seeking suspension of sentence is dismissed.”
“It is also noteworthy that the appellant (Sengar) has criminal antecedents inasmuch as he been convicted in a connected case for the rape of a minor and sentenced to undergo life imprisonment. The existence of such serious antecedents is a significant consideration and militates strongly against suspension,” the court said.
Sengar’s argument that he had already been in jail for over seven years also failed to convince the court, which said: “Prolonged incarceration by itself cannot be a standalone ground for grant of suspension of sentence, particularly where no new circumstance has arisen subsequent to the earlier rejection of suspension.”
Having been convicted, the presumption of innocence is no longer available to Sengar, the court ruled.
“No exceptional or compelling circumstance has been brought to the fore that would warrant suspension of sentence at this stage,” it said.
“The period undergone (in jail) is relevant but not determinative. When weighed against the gravity of the crime, the threat perception, the appellant’s antecedents, and the nature of the trial court’s findings, this factor alone cannot warrant suspension,” the court said.
