The Delhi High Court dismissed the Unnao rape victim’s appeal to enhance Kuldeep Sengar’s sentence in her father’s custodial death case. The plea was rejected due to a delay of 1,945 days, as the court found no ‘sufficient cause’ for it.
Sengar’s counsel contests delay, cites victim’s financial status
Kanhaiya Singhal, Counsel for Kuldeep Singh Sengar in the Unnao custodial death case, has said that the victim’s appeal for the enhancement of Kuldeep Sengar’s punishment has been dismissed after the counsel contested, stating that there were no financial implications for the delay made by the victim. Speaking to ANI on Monday, he explained that the victim delayed the appeal by almost 2000 days, alleging financial incapacity. However, the appeal was dismissed as she “could not show any sufficient cause which could have allowed her to file his applicaion for Condonation of delay and to substantiate her submission.”
“The victim had filed an appeal seeking enhancement of the sentence and conversion of the offence from 304 to 302 IPC. She was also asking for a charge of 364A. But there was a delay of around 2,000 days in filing the appeal. So she was arguing that there was a financial incapacity. So she could not file the appeal in due time, and she was busy with some other cases. For that purpose, we contested the appeal. Our main contention was that there was no financial hardship. One, she was paid around Rs 35 lakh by the Supreme Court through the order of the Supreme Court and also by the accused Kuldeep Singh Sengar as compensation. Secondly, she was appearing before all the courts, either herself or through lawyers,” he said.
“She could not show any sufficient cause which could have allowed her to file his applicaion for Condonation of delay and to substantiate her submission. The High Court has passed the judgement where they have mentioned that her excuses with respect to the delay were rather vague. Delay can uphold rights for the accused as well. You can’t just wake up one day and say that you have a right,” he added.
Victim’s only option is to pursue Supreme Court, notes lawyer
Advocate SPM Tripathi, counsel for Jaideep Singh Sengar, noted that the matter is now the only option for the appellant to pursue the Supreme Court. “Today, the High Court dismissed their (victim’s) application to extend the sentence. The matter is now scheduled for tomorrow. The High Court cited the grounds that if a person is not vigilant about their case, they cannot claim substantial relief. Their claim was without sufficient cause. If they pursue the case again, then there’s no other option left for them except the Supreme Court,” he said.
He also highlighted that Kuldeep has been in prison for almost 10 years and will complete his sentence in the coming 3-4 months. Jaideep has completed 4.5 years, while the rest, Bineet, Bawua, and Shashi, have completed 6 years.”
Delhi High Court dismisses appeal on grounds of delay
Earlier, the Delhi High Court on Monday dismissed, on the grounds of delay of 1,945 days, the appeal of Unnao rape victim seeking enhancement of the sentence awarded to former MLA Kuldeep Singh Sengar and six others in her father’s custodial death case. The high court dismissed the appeal on the ground of a delay of 1945 days in filing the appeal.
The Division bench headed by Justice Navin Chawla dismissed the application for condonation of delay and subsequently the appeal seeking the enhancement of the sentence of 10 years awarded to Former MLA Kuldeep Singh Sengar and six others. The high court said that the appellant has failed to establish any “sufficient cause” for condonation of delay. (ANI)
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