Unnao rape case: Kuldeep Sengar to remain in jail for life; pay Rs 25L exemplary fine

Expelled BJP MLA Kuldeep Singh Sengar will remain in jail till his last breath for raping a minor girl in Unnao in 2017, a Delhi court said on Friday while terming his offence as a "depraved act" of a "democratic functionary" leading to erosion of citizens' faith in him. Sending out a stern message, the court decided to award the maximum punishment of life term with a rider that the convict will remain in jail for "remainder of his natural biological life" and also imposed an exemplary fine of Rs 25 lakh on him to be paid within a month.

District Judge Dharmesh Sharma also made clear that in case of non-payment of fine by Sengar, the Uttar Pradesh government will have to pay from the state coffer as provided in the Code of Criminal Procedure (CrPC). "Convict Kuldeep Singh Sengar was a 'public servant' when he committed the depraved act of 'aggravated penetrative sexual assault' upon the minor girl..., every coercive measure was adopted by the convict himself and through his henchmen to intimidate, harm and silence the victim girl and her family members from raising any voice against him.

"The convict was a key democratic functionary being representative of the people and the offence committed by the convict has eroded the faith of the people to which he owed allegiance and a duty to exhibit upright moral behaviour and probity in personal and public life," the court said in its order on quantum of sentence. The court convicted 54-year-old Sengar under various provisions including Section 376 (2) of IPC which deals with the offence of rape committed by a public servant who "takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him".

"The offence of rape upon a minor child indelibly leaves a scar on the most cherished possession viz. her dignity, chastity, honour and reputation. Therefore, mercy in such heinous crime committed by powerful persons would be a travesty of justice and the plea of the leniency cannot be sustained. "The convict Kuldeep Singh Sengar is hereby sentenced to undergo imprisonment for life, which shall mean imprisonment for the remainder of his natural biological life in terms of Section 376 (2) Indian Penal Code," the court said.

It also directed that additional Rs 10 lakh be paid as compensation to the mother of the rape survivor. "Although no amount of compensation shall be enough to bring back their lost life and compensate for the anguish, humiliation and indignity suffered by the victim and her family, a reasonable and fair compensation shall at least bring some solace to their plight," the court said.

Besides, the court directed the CBI to continue assessing threat perception to the life and security of the survivor and her family members every three months. It said they will continue to reside in rented accommodation made available by Delhi Commission for Women for one more year and directed the UP government to pay Rs 15,000 per month for the rent.

"The CBI shall continue to assess threat perception to the life and security of the victim girl and her family members every three months from now and after expiry of the lease (of rented house), it shall ensure that the lease is further extended for a reasonable period of time and in any case adequate steps shall be taken by the CBI to ensure that the life and liberty of the victim girl and her family members remains secured including providing a safe house and/or change of identities, if so desired by the family. "It is further provided that in case of any assistance, the CBI or the victim girl or her family members can approach the member secretary, Delhi Legal Services Authority or the District Witness protection Committee, Delhi for appropriate proceedings," the court said.

The court imposed the fine after noting the assets owned by Sengar, which, as per the nomination papers filed by him in the last state legislative election, was Rs 1.44 crore. During the hearing, CBI's Public Prosecutor Ashok Bhartendu had sought maximum punishment of life for the MLA, which was supported by the counsel for the rape survivor and her family, Dharmendra Mishra.

Advocate Tanveer Ahmed Mir, appearing for Sengar, had sought minimum punishment saying the convict has had an illustrious career as an elected representative of the people who devoted himself to the cause of welfare of people. Advocates Dhruv Gupta and Tushan Rawal, also appearing for Sengar, said that the MLA had no previous criminal record.

The court had on Monday convicted Sengar for rape under the Indian Penal Code and the POCSO Act for offence by a public servant committing penetrative sexual assault against a child after holding the victim to be a minor in 2017. The court had said the victim's testimony was "truthful and unblemished" against a "powerful person".

The recent amendments made in August this year in the POCSO Act, which carries a provision of death penalty, did not come into effect as the incident took place in 2017 before the law was amended. The woman co-accused in the case Shashi Singh was acquitted of all charges.

It had said that after the victim wrote letter to the UP Chief Minister Yogi Adityanath, several criminal cases were filed against her family and "imprints of Sengar" were visible in them.