Unnao Rape Case: SC to Hear CBI Plea
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supreme Court to Hear CBI Challenge to Unnao Rape Case Convict’s Suspended Sentence
Table of Contents
Background of the Case
The Supreme Court of India is scheduled to hear a plea filed by the Central Bureau of Examination (CBI) challenging the Allahabad High Court‘s decision to suspend the life sentence of Kuldeep Singh Sengar, a former Bharatiya Janata Party (BJP) MLA, in the 2017 Unnao rape case. A bench comprising Chief Justice Surya Kant adn Justices J K Maheshwari and Augustine George Masih will preside over the hearing. The court will also consider a separate petition from advocates Anjale Patel and Pooja Shilpkar contesting the High Court’s order.
The case gained national attention after a teenage girl in Unnao, Uttar Pradesh, alleged she was raped by Sengar in 2017. The survivor’s father died in judicial custody in 2018, a death that was later linked to Sengar and his associates, leading to further legal proceedings.
High Court’s Decision and CBI’s Challenge
On December 23, 2023, the allahabad High Court suspended Sengar’s life sentence, citing that he had already served seven years and five months in prison. The CBI challenged this order in the Supreme Court on December 26, 2023, arguing against the suspension of the life term pending Sengar’s appeal against his conviction and sentencing. the High Court had stipulated that the suspension of the sentence would remain in effect until the resolution of his appeal.
While Sengar has appealed the December 2019 trial court verdict that convicted him in the rape case, he remains incarcerated. He is currently serving a separate 10-year sentence for the custodial death of the survivor’s father. This dual sentencing ensures Sengar’s continued imprisonment despite the suspended life sentence.
Conditions Imposed by the High Court
The Allahabad High Court imposed several strict conditions on Sengar’s temporary release. He was required to furnish a personal bond of ₹15 lakh (approximately $18,000 USD as of December 27, 2023) with three sureties of the same amount. Furthermore, he was prohibited from entering a 5-kilometer radius of the survivor’s residence in Delhi and from any attempts to intimidate or threaten her or her mother. The High Court explicitly stated that any violation of these conditions would result in the immediate cancellation of his bail.
Case Transfer and Pending Appeals
The Unnao rape case, along with related matters, was transferred from a trial court in uttar Pradesh to Delhi on August 1, 2019, following a directive from the Supreme Court. This transfer was intended to ensure a fair and impartial trial, free from potential local influence.
Sengar also has a pending appeal concerning his conviction for the custodial death of the survivor’s father.In this appeal, he seeks the suspension of his 10-year sentence, arguing that he has already spent a considerable amount of time in jail. the outcome of this appeal remains pending.
timeline of Key Events
- 2017: Alleged rape of a teenage girl in Unnao by Kuldeep Singh sengar.
- 2018: Death of the survivor’s father in judicial custody.
- August 1, 2019: Supreme Court orders transfer of the case to Delhi.
- December 2019: Trial court convicts sengar in the rape case and sentences him to life imprisonment, and convicts him for the custodial death, sentencing him to 10 years.
- December 23, 2023: Allahabad High Court suspends Sengar’s life sentence.
- December 26, 2023: