The Delhi High Court on Friday issued notice to the Central Bureau of Investigation (CBI) on an appeal filed by expelled BJP MLA Kuldeep Singh Sengar against his conviction in connection with a case related to the custodial death of the father of Unnao rape victim.
Sengar, in his appeal filed through advocate Kanhaiya Singhal, has challenged the trial court order convicting him and others in case of custodial death of Unnao rape victim's father.
A single-judge bench of Justice Vibhu Bakhru admitted the appeal filed by Sengar and asked the CBI to file a response on the matter. The court also transferred it to another bench, which is already hearing Sengar's another appeal against his conviction in the rape case.
The matter will now come up for hearing before the other bench on November 10.
Advocate Singhal had urged the Delhi High Court to set aside the trial court orders dated March 4 and March 13 on conviction and sentencing of the accused persons.
The trial court had on March 4 convicted Sengar of culpable homicide not amounting to murder in connection with the victim's father's death. On March 13, the court sentenced him to 10 years imprisonment. The rape victim's father had died in judicial custody on April 9, 2018.
Singhal submitted that in the instant case neither the justice was done nor seen to be done which has certainly shaken the confidence of the public in the entire justice delivery system. He also submitted that "it is a well-settled principle of law that 'enmity is a double-edged sword which can cut both ways', however, little did the Senger know that one fateful day he would also fall prey to one such double-edged sword unleashed by one Mahesh Singh, a history-sheeter and a gangster for satiating his thirst to avenge his political rivals."
"The present case is an offshoot of a long-drawn political rivalry and deep-seated animosity existing between two political factions, the appellant and the co-accused persons, who are supporters of the BJP on one hand while Mahesh Singh and his criminal associates, on the other hand, owe allegiance to the Samajwadi Party," Singhal added.
The trial court had also convicted Ashok Singh Bhadoria, Kamta Prasad Singh, Kuldeep Singh Sengar, Jaideep Singh alias Atul Singh, Vineet Mishra alias Vinay Mishra, Birendra Singh alias Buwa Singh and Shashi Pratap Singh alias Suman Singh.
However, four accused -- Amir Khan (constable), Ram Sharan Singh alias Sonu Singh, Sharadvir Singh alias Guddu Singh and Shailendra Singh alias Tinku Singh -- were acquitted by the court.
CBI filed a charge-sheet in the case on July 13, 2018. Thereafter, the charges were framed against Sengar, his brother Atul, Makhi police station's then in-charge Ashok Singh Bhadauria, sub-inspector Kamta Prasad, constable Amir Khan and six others in the case.
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