The Supreme Court on Monday sent back to the Delhi High Court challenging Unnao rape convict Kuldeep Singh Sengar’s appeal against his conviction and 10-year jail term in a case related to the custodial death of the rape victim’s father, asking it for an “out of turn” hearing.
Supreme Court asks Kuldeep Singh Sengar to go to High Court. (PTI)A top court bench of Chief Justice of India Surya Kant and Justices Jaimalya Bagchi and NV Anjaria asked the Delhi High Court to decide the case as soon as possible, but not within three months.
The apex court was hearing a plea filed by Sengar challenging the January 19 high court order refusing to stay his sentence in the death case.
Senior advocate Siddharth Dav, appearing for Sengar, submitted to the court that he has already served seven years and seven months of the actual sentence of the ten-year sentence.
However, Tushar Mehta, Solicitor General of India, Central Bureau of Investigation, informed the court that the main appeal against the conviction has been listed for hearing on 11 February. Mehta suggested that Sengar’s plea could be directed for an expedited hearing on an “out-of-turn” basis.
More Read
Meanwhile, advocate Mahmood Pracha, appearing for the rape victim, told the apex court that they have filed an appeal against the conviction under Sections 304 to 302 of the Indian Penal Code (IPC), which enhanced the jail term to life imprisonment, Livela reported.
Sanger’s lawyer argued that it was natural to suspend the sentence while the appeal was pending. However, the SC noted that Sengar is also serving a life sentence in another case related to the Unnao rape case.
“If you’re serving a life sentence for another crime, isn’t that a relevant consideration for the sentence to be suspended?” Justice Bagchi asked.
More Read
In its order, the top court said: “In view of the circumstances, particularly the appellant’s tenure, we consider it a fit case to request the High Court for out-of-turn hearing and to decide the case as soon as possible but not later than 3 months. In respect of a criminal appeal filed by the complainant-party, if any, we grant liberty to the appellant to hear that appeal.”
“The HC is first requested to take up that matter within 1 week, and again subject to objections: maintainability etc., it will be in the interest of justice that both the appeals be heard and decided. If such recourse requires a change in the composition of the bench to decide 539/2020, then the Hon’ble Chief Justice of the High Court will do the needful.” Appeals connected with the Supreme Court were also taken up and may be attached. Cited by LiveLaw.
