Unnao Rape Survivor's Plea Seeking Death Penalty For Kuldeep Sengar Dismissed
The Delhi High Court dismissed the survivor’s appeal seeking death penalty for former BJP MLA Kuldeep Sengar in the custodial death case of her father, citing a gross and unexplained delay of 1,945 days in filing the appeal. The court also held that the grounds for condonation of delay were vague and unsupported by evidence, effectively barring the appeal by limitation.
Why It Matters
This ruling closes a long-delayed legal avenue in a high-profile case linked to a deadly custodial death and raises questions about timeliness and access to appellate remedies in offences involving power, violence, and gender-based crime in India.
Timeline
6 Events
Delhi High Court dismisses appeal seeking death penalty
The Delhi High Court dismissed the survivor's appeal seeking death penalty for Kuldeep Sengar and others, ruling that the delay in filing the appeal was gross, unexplained, and attributable to negligence, and that the grounds cited for condonation of delay were vague and unsupported by documentary material; consequently, the appeal was barred by limitation.
Notice issued on condonation of delay in filing appeal
The court issued notice to Sengar and other convicts on the survivor's plea seeking condonation of a delay in filing the appeal against the 2020 trial court order, noting the delay was over 1940 days.
Trial court verdict in custodial death case
The trial court sentenced Kuldeep Sengar and his brother Jaideep Sengar alias Atul Singh to 10 years of rigorous imprisonment and imposed a fine of Rs 10 lakh in the custodial death case of the survivor's father; the court held there was no intention to kill, convicting for culpable homicide not amounting to murder under Section 304 IPC.
Conviction of Kuldeep Sengar for rape; life imprisonment
Kuldeep Sengar was convicted of raping the minor survivor and was sentenced to imprisonment for the remainder of his life on December 20, 2019.
Case transferred to Delhi from UP trial court
The case was transferred to Delhi from the trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.
Survivor's father dies in police custody
The survivor's father, who was arrested at the alleged behest of the accused under the Arms Act, died in custody on April 9, 2018 reportedly owing to police brutality.