Unnao custodial death: Delhi HC refuses to suspend Kuldeep Sengar’s sentence

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Kuldeep Singh Sengar, a former legislator of Uttar Pradesh state from BJP leaves a court after he was arrested in connection with the rape of a teenager in Lucknow, 2018. | File image: Reuters
Kuldeep Singh Sengar, a former legislator of Uttar Pradesh state from BJP leaves a court after he was arrested in connection with the rape of a teenager in Lucknow, 2018. | File image: Reuters

New Delhi: The Delhi High Court on Monday refused to suspend the 10-year jail sentence awarded to former BJP MLA Kuldeep Singh Sengar in the custodial death case of the Unnao rape victim’s father.

The court dismissed Sengar’s plea seeking suspension of sentence, clearing the way for continuation of his imprisonment in the case linked to the high-profile Unnao rape incident.

"No grounds are made out for grant relief. The application seeking suspension of sentence is dismissed," said Justice Ravinder Dudeja.

The judge observed that although Sengar had suffered a long incarceration, relief could not be given on grounds of delay, as it was partly because he filed multiple applications in his appeal against his conviction.

"Purpose would be served if the appeal is heard expeditiously," added the court while listing the matter for hearing on February 3.

On March 13, 2020, Sengar was sentenced to 10 years rigorous imprisonment by a trial court, besides imposition of a fine of Rs 10 lakh, in the case of the death of the survivor's father in custody.

Earlier, Sengar was granted bail in a minor rape case on December 23, 2025. However, the order was stayed by the Supreme Court on December 29.

Also read: ‘So much Bhakti’: Chinmayi Sripaada’s post, later deleted, fuels Unnao bail controversy

Advocate Mehmood Pracha, counsel for the rape victim, had argued that Kuldeep Singh Sengar doesn't deserve bail as there is a threat to the victim and to her family. She is being harassed on social media and defamed by levelling allegations against her.

On the other hand, Senior counsel Manish Vasisth alongwith advocate Kanhaiya Singhal, appeared for Kuldeep Singh Sengar. They opposed the submissions made by counsel for the victim.

It was submitted that appellant Sengar has been in custody for the last nine years in this case. Only 11 months are left.

Earlier, it was argued by the counsel for Sengar that the appellant Sengar was not present at the site on April 3, 2018.

It was also submitted that the trial court relied on Section 61 of Crpc of Appellant's secretary Santosh Mishra. He talked to the appellant on the phone on the day of the incident when he was not there. However, he was not examined by the court.

It was also argued that there were contradiction in the statement of two witnesses and there is a lack of credibility and reliability.

Senger, along with other accused, was convicted by the Tis Hazari Court in 2018. He is also serving a life sentence in Minor's rape case.

These cases stem from FIRs of 2018, registered at Police Station Makhi, Unnao, Uttar Pradesh, which were decided by the District and Sessions Judge (West) at Tis Hazari Courts, Delhi.

Senger's counsel had argued that the appellant had been languishing in jail since April 13, 2018, except for a brief period when he was granted the benefit of an interim suspension of sentence by this Court, on account of the marriage of his daughter, and the appellant had admittedly not misused the liberty granted to him.

The background of the present case is that on June 4, 2017, the minor daughter of the victim in this case was enticed on the pretext of getting a job and was taken to the house of appellant Kuldeep Singh Senger, where the appellant had raped her.

The high court had noted that on April 3, 2018, the family of the minor rape victim had travelled to Unnao for a court hearing when her father, the victim in this case, was brutally assaulted by the accused persons in broad daylight. The very next day, the police arrested the victimSurendra on allegations of being in illegal possession of arms, and he had ultimately succumbed to multiple injuries suffered by him, in police custody on April 9, 2018.