On Monday, the Supreme Court refused to consider a petition by Unnao rape convict Kuldeep Singh Sengar to have his sentence suspended on the case involving the custodial death of the rape survivor father and referred the case to the Delhi High Court to be heard at breakneck pace. The Supreme Court urged the High Court to assume the appeal as out-of-turn and render it as early as possible, and hopefully not later than within three months.
The case was being heard by a bench of Chief Justice of India, Surya Kant and Justices Joymalya Bagchi and N.V. Anjaria which was hearing Sengar challenge against a January 19 decision of the Delhi High Court which had dismissed his petition to suspend his 10-year sentence in the custodial death case. Senior advocate Siddharth Dave representing Sengar filed a submission to the effect that his client had already spent over seven years and seven months of actual imprisonment.
Contrary to the plea, Central Bureau of Investigation Solicitor General of India Tushar Mehta told the court that the Sengar has already appealed against conviction on a primary basis, and that is also to be heard in the Delhi High Court on February 11. He also proposed that the case should be heard promptly in place of suspension of sentence, which was supported by the highest court.
Meanwhile, the rape survivor was represented by advocate Mahmood Pracha who informed the court that the victim side has appealed to the court seeking an appeal to increase the conviction as section 304 IPC to section 302 IPC which would mean a life sentence to Sengar.
Another point made by the Supreme Court, when it is adjudicating on whether or not to suspend sentence, is that Sengar already has a life sentence in the Unnao rape case, which is a factor to be taken into account.
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