CBI approaches SC against Delhi HC’s Unnao rape case ruling amid criticism

NEw new delhi: The exchange Bureau of investigating (CBI) on fri filed a special provide petition in the Supreme Court, challenging the Delhi high court order to suspend the sentence of expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Senger in the Unnao rape case. The agency officials said they have a strong case against the accused.“CBI Vs Kuldeep Singh Sengar, special leave petition filed on Friday before the Supreme Court against the orders of Delhi high court which suspended the sentence and granted bail to accused KS Sengar in Unnao rape case,” the CBI spokesperson said.“It may be recalled that KS Sengar was sentenced to life imprisonment with a fine of ₹25 lakh in December 2019. He filed an appeal against the conviction before the Delhi HC in January 2020 and a petition for suspension of sentence in March 2022. This petition was vehemently opposed by CBI and the victim,” the spokesperson said.The Delhi HC on December 23 ordered suspension of Sengar’s sentence pending disposal of the appeal and granted him bail with certain conditions. However, Sengar remains in jail as he had also been sentenced for 10 years in a murder case.Without going into the specifics, an officer who didn’t want to be named said the Supreme Court has been apprised that the high court erred in suspending the sentence as the rape survivor’s testimony and evidence collected by the agency had conclusively established Sengar’s role based on which the trial court had convicted him in December 2019.“In a rape case, survivor’s testimony is considered most important. It cannot be ignored. The survivor in this case ‘stood by’ her statement throughout,” this officer said.In his December 2019 conviction order, the trial court judge had noted that “the evidence given by the victim that she was assaulted is unblemished, truthful and of sterling quality to arrive at the conclusion that she was sexually assaulted by accused Kuldeep Singh Sengar,” said a second officer.Women activists protest HC orderMembers of All India Democratic Women’s Association and women’s groups protested outside the Delhi High Court on Friday against court’s order suspending Sengar’s jail term and granting him conditional bail.Police barricaded the entry points outside the high court and surrounded the protesters who raised slogans against the government.On Tuesday, the 24 year old survivor, her mother and activist Yogita Bhayana protested outside India Gate and were briefly detained for the protest. The survivor had told HT that she was also “stopped” by police from holding a protest.Her mother on Friday also came to the Delhi High Court but did not join the protest. She said her daughter was in a bus near the high court and can’t join due to “safety reasons”. The mother, however, said, “I just want the order to be reversed. I have no faith left here (HC) and will challenge this in the Supreme Court. I want the UP government and Delhi government to help us. I will keep fighting this in the SC. Our lawyer will appeal there. If they don’t help, we will appeal from somewhere else but I won’t stop. I also lost my husband and want justice for all his killers. I want them (rapists) to be hanged. They (rapists) have connections. We are poor but we will keep fighting.”