The Supreme Court on Monday sent Kuldeep Singh Sengar's appeal back to the Delhi High Court, requesting it to accord a "out-of-turn" hearing. Sengar is a convict in a rape case and is challenging his conviction and 10-year prison sentence related to the custodial death of the rape victim's father.
Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria urged the Delhi High Court to decide the case as soon as possible, but no later than three months.
The Supreme Court was reviewing Sengar's plea against the High Court's order from January 19, which refused to suspend his sentence in the death case. Senior advocate Siddharth Dave, who represented Sengar, argued that Sengar has already served seven years and seven months of his 10-year imprisonment.
However, Solicitor General of India Tushar Mehta, representing the Central Bureau of Investigation (CBI), informed the court that the main appeal against the conviction is scheduled for hearing on February 11. Mehta proposed that Sengar's plea could be prioritised for a quicker hearing on an "out-of-turn" basis.
Appeal to change conviction
Meanwhile, advocate Mahmood Pracha, representing the rape victim, told the Supreme Court that they have filed an appeal to change the conviction from Section 304 of the Indian Penal Code (IPC) to Section 302. This would raise the prison sentence to life imprisonment, according to Livelaw.
Sengar's lawyer contended that it is standard to suspend the sentence while the appeal is pending. However, the Supreme Court noted that Sengar is already serving a life sentence in the other case linked to the Unnao rape case.
SC deems it a 'fit case for out-of-turn hearing'
"If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?" Justice Bagchi asked.
In its order, the top court said: "Keeping in view the circumstances, especially the period undergone by appellant, we deem it a fit case for requesting HC to accord out of turn hearing and decide the case as early as possible but not later than 3 months. As regards a criminal appeal filed by the complainant-party, if any, we grant liberty to the appellant in that case to approach the HC for taking up their appeal too for hearing."
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"HC is requested to first take up that matter in 1 week, and subject to objections re: maintainability etc., it will be interest of justice that both appeals are heard and decided together. If such recourse requires a change in the composition of the bench for deciding 539/2020, Hon'ble CJ of HC will do the needful. If there are other connected appeals, those could also be taken up and decided," the Supreme Court was quoted as saying by LiveLaw.
