Supreme Court sends Unnao rape convict Kuldeep Sengar back to High Court
A Supreme Court bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N V Anjaria heard a petition filed by former MLA Kuldeep Singh Sengar challenging the Delhi High Court's January 19 order refusing to suspend his sentence in the custodial death case.
The Supreme Court on Monday asked the Delhi High Court to give an “out-of-turn” hearing to former Uttar Pradesh MLA Kuldeep Singh Sengar’s appeal against his conviction and 10-year sentence in the custodial death case of the Unnao rape victim’s father, and said the matter should be decided within three months.
The Court directed that the victim’s appeal seeking enhancement of Sengar’s sentence be heard together with his appeal.
A Supreme Court bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N V Anjaria heard a petition filed by former MLA Kuldeep Singh Sengar challenging the Delhi High Court’s January 19 order refusing to suspend his sentence in the custodial death case.
Senior Advocate Siddharth Dave, appearing for Sengar, submitted that he has already served 7 years and 7 months of actual imprisonment out of the 10-year sentence.
Solicitor General Tushar Mehta, representing the CBI, informed the court that the main appeal against Sengar’s conviction is listed for hearing on February 11, 2026, and suggested it be taken up expeditiously on an out-of-turn basis.
Advocate Mahmood Pracha, appearing for the victim, submitted that an appeal has been filed seeking conversion of Sengar’s conviction from Section 304 IPC to Section 302, which would entail enhancement of the sentence to life imprisonment.
Senior Advocate Siddharth Dave argued that in cases involving a fixed-term sentence, suspension of the sentence during the pendency of an appeal is generally the norm. However, the bench observed that Sengar is already serving a life sentence in a separate case related to the rape of the Unnao girl.
Justice Joymalya Bagchi observed, “If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?”
During the hearing, the Chief Justice of India also expressed disapproval over Advocate Mahmood Pracha speaking to the media about the matter. “We are also aware of the media trial going on in this case, which we do not approve of. You have no business going to the media if you are engaged as counsel in this As CJI, I cannot tolerate all these things,” he told Pracha.