Unnao Case Twist: Court Rejects Survivor’s Bid For Harsher Punishment To Sengar

The Delhi High Court on Monday dismissed an appeal filed by the Unnao rape survivor seeking enhancement of punishment to death penalty for former BJP MLA Kuldeep Sengar in the custodial death case of her father, citing an “unexplained and gross delay” of 1,945 days in filing the petition.

A bench of Justices Navin Chawla and Ravinder Dudeja held that the appeal against the trial court’s 2020 judgment was filed far beyond the limitation period and that no “sufficient cause” had been shown to justify condoning the delay.

The court described the delay as a case of “deliberate inaction and negligence” , noting that the survivor was aware of the trial court’s decision and had been actively participating in related proceedings , yet did not file the appeal within the prescribed time.

It further observed that the reasons cited for delay, including financial difficulties, accommodation issues, alleged physical weakness, and threats , were vague and unsubstantiated , and therefore unacceptable.

“Mere assertions, without supporting material, cannot constitute sufficient cause,” the bench remarked, adding that entertaining such a delayed appeal would unfairly prejudice the rights of the accused and prolong criminal uncertainty long after the trial.

The court stressed that the right to appeal must be exercised within limitation , and cannot be extended without strong justification.

The survivor had sought to enhance the sentence awarded to Sengar and others, arguing they should be convicted under Section 302 IPC (murder) and awarded the death penalty instead of the 10-year imprisonment imposed for culpable homicide not amounting to murder.

Her counsel argued she was living under difficult circumstances while pursuing related cases, but the court remained unconvinced.

Counsel for the accused argued that the survivor had been participating in proceedings throughout and the appeal reflected conscious inaction . The CBI also stated it had accepted the trial court’s conviction and left the matter to the court.

The case stems from the custodial death of the survivor’s father in April 2018 , allegedly after his arrest in a case linked to the broader Unnao sexual assault matter. He died in custody due to alleged police brutality.

Kuldeep Sengar was earlier convicted in the rape case and sentenced to life imprisonment in 2019 . In 2020, he and others were sentenced to 10 years rigorous imprisonment in the custodial death case.

With this ruling, the High Court closed the door on the delayed plea seeking harsher punishment, reaffirming the strict application of limitation laws in criminal appeals.