The survivor of the 2017 Unnao rape case on Wednesday said she would approach the Supreme Court to challenge the Delhi High Court’s decision to suspend the jail term of expelled BJP leader Kuldeep Singh Sengar, calling the order “kaal (death)” for her family.

The Delhi High Court on Tuesday suspended Sengar’s life sentence in the rape case pending disposal of his appeal against a December 2019 trial court conviction, noting that he has already spent about seven years and five months in prison.

However, Sengar will continue to remain in jail as he is also serving a 10-year sentence in the custodial death case of the survivor’s father and has not been granted bail in that matter.

Reacting to the order, the survivor, who was a minor when she was kidnapped and raped by Sengar in 2017, told PTI over phone from Delhi that security for her family members, lawyers and witnesses had already been withdrawn, heightening her fears.

“If the convict gets bail in cases like this, how will the country’s daughters remain safe? For us, this decision is no less than ‘kaal’ (death),” she said.

“Those with money win, those without money lose,” she added.

The survivor, who was heading with her mother to stage a protest near Mandi House against the verdict, said she would challenge the high court order in the Supreme Court.

Speaking to PTI separately, she said, “I have small children. There is an elderly, differently-abled mother-in-law and my husband at home. The safety of my children is the biggest concern.”

She also questioned the withdrawal of security cover. “Usually, a verdict is pronounced within two or three days after the conclusion of arguments. But in this case, the decision came after three months. Even before the verdict, security for the family and witnesses was withdrawn,” she alleged.

She further said, “In the serious crime where my father was murdered and I was subjected to rape, the accused is granted bail after serving a few years in prison. This raises the question of what kind of justice this is.”

The victim’s sister also expressed fear following the order, saying, “I’m not happy about this. He killed my uncle and then my father. Then this incident happened with my sister. He has been released, but we’re still in danger. Who knows, now that they’re out, they might kill me and my entire family. If they’ve released him, then they should put us in jail. At least our lives would be safe there. We would be alive. My sister is in distress that he has been granted bail. My family is still in danger. There are small children. I have a brother. Who knows what they might do to him? Many of their men are roaming around outside, giving threats, saying, ‘Now that he is coming back, what can you do to me? I’ll kill each and every one of you.’ We receive these kinds of threats, that’s why I live in fear…”

Imposing several conditions, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar directed Sengar to furnish a personal bond of Rs 15 lakh with three sureties of the like amount, all residents of Delhi.

The court barred him from coming within a five-km radius of the victim’s residence, directed him not to threaten the survivor or her mother, and said, “Violation of any of the conditions would lead to cancellation of bail.”

He was also asked to stay in the national capital during the pendency of the appeal, deposit his passport with the trial court, and report to the local police station every Monday at 10 am.

Addressing concerns over the survivor’s safety, the bench said it expects that she will continue to get CRPF cover. “At the same time, however, the argument of keeping the appellant (Sengar) in custody because of threat perception to the victim/ survivor, in the opinion of this court, is not a tenable argument to deny the benefit of section 389 CrPC to the appellant,” it said.

The court added, “Such an observation or such a thought process would undermine the laudable work of our police/paramilitary forces.”

The high court held that keeping Sengar in jail after he has already spent more than seven years in custody would be violative of Article 21 of the Constitution. It also directed the deputy commissioner of police of the area where the victim is currently residing to personally ensure and supervise her protection during the pendency of the appeal.

“The state is also providing for the accommodation of the victim. The Delhi Commission for Women is responsible for ensuring that the victim is provided sufficient accommodation and such arrangement is directed to be continued till further orders. In any way, the appeal is in this court, and it is always open for the victim to approach this court, if required,” the bench said in its 53-page verdict.

The Unnao rape case and other connected cases were transferred from Uttar Pradesh to Delhi on the directions of the Supreme Court in August 2019, keeping in mind the survivor’s vulnerability and the custodial death of her father, for which Sengar has been held guilty. Sengar’s appeal in the custodial death case, in which he has sought suspension of sentence, is also pending.