With outrage growing over the Delhi High Court’s decision to suspend the life sentence of former BJP MLA Kuldeep Sengar in the 2017 Unnao rape of a minor, the CBI on Wednesday evening said it will “file a special leave petition before the Supreme Court at the earliest”. The CBI’s decision came on a day the survivor met Leader of Opposition Rahul Gandhi and Congress leader Sonia Gandhi, seeking their assistance in her fight against Sengar.
“CBI has studied the orders of the Division Bench of the Delhi High Court in the Unnao rape case and has decided to file an SLP before the Hon’ble Supreme Court at the earliest against the orders of the High Court granting bail to the accused K D Sengar by suspension of the sentence,” the CBI spokesperson said.
“The accused filed an appeal, and the bail petition was vehemently opposed by the CBI as well as the family of the victim before the Delhi HC. The CBI has filed timely replies and written arguments in this matter. The family of the victim has also opposed the petition, citing safety and threats. CBI will immediately challenge this order,” the spokesperson said.
It is learnt that during her meeting with the Gandhis, the survivor and her family requested the aid of a top lawyer to fight against Sengar in the Supreme Court and to relocate to a Congress-ruled state as they feared for their lives.
Speaking to The Indian Express in the evening, the survivor said the development “will only make things worse for victims who decide to take on the mighty”.
“I was in the court during the announcement, and it was a setback. I wanted to commit suicide then and there, but did not because of my children and my family who have stood by me,” she said.
The country’s highest court, she said, has ordered that stray dogs be removed from the streets, but it is the rape accused, who are “the real darindas (predators), should be removed from the streets so women can live in peace”.
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She also expressed anger at the manner in which the police removed her from India Gate, where she was protesting along with her mother after the bail order. “Rape karna allowed hain, rape accused ko bail dena allowed hain, par humein India Gate par protest karna nahi (rape is allowed, giving bail to a rape accused is allowed, but our protest is not),” she said.
Emphasising that she will continue her fight, she said, “The President of India is a woman, the Delhi CM is a woman. I want them to help me fight for justice. I would like to meet the Home Minister and the Prime Minister. I can’t go back to where I started; this fight can’t end like this.”
While suspending the sentence of Sengar, the High Court ruled that his former status as an MLA does not bring him under the ambit of a ‘public servant’ as defined under the IPC. Sengar was sentenced to life imprisonment in December 2019 by a Delhi trial court after finding him guilty under Section 376 (2) (rape) of the IPC and Sections 5(c) & 6 of the POCSO Act for raping a minor. The case was probed and prosecuted by the CBI.
It is learnt that in the meeting with Rahul Gandhi, where Sonia Gandhi too was present, the survivor was given an assurance of her request for top legal aid and relocation to a Congress-ruled state. Sources said the survivor also sought a better job for her husband which, Rahul said, would be considered.
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Hours after the verdict Tuesday, the survivor and her mother had protested outside India Gate but were removed by security personnel. Rahul also took to social media Wednesday, reposting a video of their removal from the site and stating, “The fact that her perpetrator (former BJP MLA) has been granted bail is extremely disappointing and shameful – especially when the survivor… is living under the shadow of fear… Bail for rapists and treating survivors like criminals – what kind of justice is this?”
The survivor’s sister, speaking to mediapersons, expressed disappointment with the verdict. “He had killed my uncle, my father…woh bahar toh aa gaye hai lekin hum logon ke upar khatra mandra raha hai, kya pata woh bahar aane ke baad mere poore parivar ko khatam kar de. Unko bahar nikal diya hai toh hum logon ko jail ke andar daal de, kam se kam humari jaan toh surakshit rahegi (He has been released but the threat hovers over us and our family. Who knows he will erase our entire family once he is out. If he is being let out, put us in prison, at least we will be safe there). My sister is grieving. If something happens to us, will the court take responsibility? If so, then it’s okay. We have small children, our brother. His men continue to threaten us.”
The suspension of Sengar’s sentence comes pending a final decision on the appeal against his life sentence.
Sengar, who is currently in jail, will not be out until a similar order suspending his sentence in the case of custodial killing of the minor’s father is issued by the Delhi High Court. He was sentenced to 10 years in prison for culpable homicide not amounting to murder in March 2020. He has an appeal pending before the Delhi High Court in this case as well.
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