The Delhi High Court on Tuesday suspended the life sentence awarded to former Bharatiya Janata Party (BJP) legislator Kuldeep Singh Sengar in the high-profile 2017 Unnao rape case. The court's decision comes pending a final hearing on his appeal against the conviction. However, Sengar will not walk out of prison immediately, as he is still serving a sentence in a connected case involving the custodial killing of the victim's father.
Court's Stringent Bail Conditions
A division bench comprising Justices Subramonium Prasad and Harish Vaidyanathan announced the suspension of Sengar's sentence in open court. The bench laid down a series of strict conditions for the former MLA during the pendency of his appeal. Sengar has been directed not to come within a five-kilometer radius of the survivor's residence and must remain in Delhi for the duration. He is also prohibited from threatening the victim-survivor or her mother.
Furthermore, the court has mandated that Sengar must report to the local police station every Monday at 10 a.m. The detailed written order outlining these conditions is still awaited.
The Twin Convictions and Legal Hurdles
Kuldeep Sengar was convicted and sentenced to life imprisonment in December 2019 by a Delhi trial court. He was found guilty under Section 376 (rape) of the Indian Penal Code and Sections 5(c) and 6 of the Protection of Children from Sexual Offences (POCSO) Act for raping a minor girl in Unnao, Uttar Pradesh. The Central Bureau of Investigation (CBI) had probed and prosecuted the case.
In a separate but related case, Sengar was convicted in March 2020 for his role in the custodial death of the survivor's father. The trial court sentenced him to 10 years' imprisonment for the offence of culpable homicide not amounting to murder. The father was allegedly framed in an illegal arms case and arrested on April 3, 2018, dying in judicial custody days later.
The High Court's order suspending the sentence in the rape case does not automatically apply to the custodial death case. Sengar will only be released from prison once the Delhi HC issues a similar order suspending his sentence in that matter. His appeal against the 10-year sentence is also pending before the High Court.
Medical Grounds and Survivor's Safety Concerns
Sengar had sought interim suspension of his sentence earlier this year and interim bail in December 2024, citing medical reasons. He claimed to be suffering from type 2 diabetes mellitus, bronchial asthma, and various orthopedic and dental issues. He had previously been permitted to leave prison for cataract surgery.
The survivor, represented by advocate Mehmood Pracha, and the CBI had strongly opposed his plea. The survivor's side had raised serious concerns about threat perception. In July, Pracha had expressed apprehensions regarding her safety and indicated she faced potential eviction from her rented accommodation.
The Delhi Commission for Women (DCW) intervened in August, informing the court that the survivor wished to shift to a different premises. The DCW counsel stated that paperwork for the move was underway and assured the court that all steps would be taken to ensure she was not left without shelter.
Separately, the survivor's mother approached the Supreme Court, alleging a grave threat to the life and liberty of her family. She sought the recall of a March 25 Supreme Court order that removed CRPF security cover for her family and other witnesses. While the top court had earlier refused to withdraw security for the rape survivor, citing an ongoing threat perception, it had removed the cover for her family members post-conviction. In October, the SC sought a response from Delhi Police on the current threat assessment.
