Unnao rape case: Kuldeep Sengar moves Delhi HC challenging conviction, life imprisonment

Expelled BJP MLA Kuldeep Singh Sengar moved Delhi High Court Wednesday challenging his conviction and imprisonment till last breath for raping a mir girl in Unnao, Uttar Pradesh, in 2017. His petition is under objection and it will be listed for hearing once all defects are cured.

Sengar has sought quashing of December 16, 2019 judgement of trial court which convicted him. He has also sought setting aside of December 20 order sentencing him to imprisonment till remainder of his life.

trial court had convicted 54-year-old Sengar under various provisions including Section 376 (2) of IPC which deals with offence of rape committed by a public servant who "takes advant of his official position and commits rape on a woman in his custody as such public servant or in custody of a public servant subordinate to him".

It had awarded him maximum punishment of life term with a rider that convict will remain in jail for "remainder of his natural biological life" and also imposed an exemplary fine of Rs 25 lakh on him to be paid within a month.

amendments made in August last year in POCSO Act, which carries a provision of death penalty, did t come into effect as incident took place in 2017 before law was amended. Sengar was also held guilty under Protection of Children from Sexual Offences (POCSO) Act.

woman was kidnapped and raped by Sengar in 2017 when she was a mir. trial which started on August 5 last year after it was transferred from Unnao in Uttar Pradesh to Delhi on Supreme Court's directions, was carried on a day-to-day basis.

READ | Hearing & Speech-impaired Girl Gang-raped, Mir Among 2 Held

apex court, taking cognisance of rape survivor's letter written to n Chief Justice of India Ranjan Gogoi, had on August 1 last year transferred all five cases registered in connection with Unnao rape incident from a Luckw court in Uttar Pradesh to court in Delhi with directions to hold trial on daily basis and completing it within 45-days.

trial court in its verdict had termed his offence as a "depraved act" of a "democratic functionary" leading to erosion of citizens' faith in him.

It had said Sengar was a 'public servant' when he committed depraved act of 'aggravated penetrative sexual assault' upon mir girl and "every coercive measure was adopted by convict himself and through his henchmen to intimidate, harm and silence victim girl and her family members from raising any voice against him".

" convict was a key democratic functionary being representative of people and offence committed by convict has eroded faith of people to which he owed allegiance and a duty to exhibit upright moral behaviour and probity in personal and public life," trial court had said in its order on quantum of sentence.

It had said offence of rape upon a mir child indelibly leaves a scar on most cherished possession viz. her dignity, chastity, hour and reputation. refore, mercy in such heius crime committed by powerful persons would be a travesty of justice and plea of leniency cant be sustained, it had said.

trial court had said that after victim wrote letter to UP Chief Minister Yogi Adityanath, several criminal cases were filed against her family and "imprints of Sengar" were visible in m. woman co-accused in case Shashi Singh was acquitted of all charges.

READ | Delhi HC Won't Stay Nirbhaya Rapists' Hanging, Overrules AAP Govt's Mercy Plea Citation

READ | Nirbhaya's Mor Asha Devi Requests President To Reject Mercy Plea Of Convict