The Delhi High Court on Thursday sought the stand of the CBI on a plea by expelled BJP leader Kuldeep Singh Sengar seeking interim release in a case in which he is serving life term for raping a minor girl in Uttar Pradesh's Unnao in 2017.
A bench of Justices Mukta Gupta and Poonam A Bamba issued notice on Sengar's application for interim bail and suspension of sentence on account of his daughter's wedding ceremony, and asked the investigating agency to file a status report.
“Notice…The application be verified and a status report be filed,” said the court which listed the matter for further hearing on January 16.
Senior counsel, appearing for Sengar, said while the marriage will take place on February 8, a ceremony related to it will be held in January.
Justice Talwant Singh, while sitting as part of a division bench, had earlier recused himself from hearing the matter.
The high court was then informed that Sengar was seeking interim bail for two months to attend the ceremonies which would begin on January 18.
Kuldeep Sengar's appeal challenging the trial court's verdict in the Unnao rape case is already pending in the high court.
He has sought quashing of the December 16, 2019, judgement of the trial court which convicted him. Sengar has also sought setting aside of the December 20, 2019 order sentencing him to imprisonment for the remainder of his life.
The trial court had convicted Sengar under various provisions including section 376 (2) of the 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".
It had awarded him the maximum punishment of life term with a rider that the convict will remain in jail for the "remainder of his natural biological life" and also imposed an exemplary fine of Rs 25 lakh on him.
The girl was kidnapped and raped by Sengar in 2017 when she was a minor.
The trial, which started on August 5, 2019, after it was transferred from Unnao to Delhi on the Supreme Court's directions, was carried on a day-to-day basis.
The top court, taking cognisance of the rape survivor's letter written to the then Chief Justice of India Ranjan Gogoi, had on August 1, 2019, transferred all five cases registered in connection with the Unnao rape incident from a Lucknow court in Uttar Pradesh to the court in Delhi with directions to hold trial on a daily basis and complete it within 45 days.
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