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Gender Rule of Law

Unnao rape case: Sengar’s sentence hearing adjourned to December 20

The Delhi District Court today, heard submissions to decide upon the quantum of sentence to be given to ex-MLA of BJP, Kuldeep Sengar, for being convicted on charges of rape under IPC as well as under POCSO.

Sabrangindia 17 Dec 2019

SentencedImage Courtesy: ANI


Arguments were put forth by both parties where the prosecutor representing CBI asked for maximum punishment and compensation for the survivor. The CBI prosecutor also argued against taking a lenient stand or liberal view towards sentencing. The prosecutor sought compensation under section 357 and 357A of the CrPC.

Counsel for the accused submitted that the convict’s social work must be taken into consideration when deciding quantum of sentence. He also pointed out that throughout his stay in Tihar Jail, the convict has displayed good conduct and he has not been a ‘menace to society’.

His counsel also said that if fine is being imposed then compensation may not be given to the victim as the Judge had pointed out that already a compensation of Rs. 25 lakhs has been given to the survivor. The judge noted that no amount of compensation can repair the injury caused to the survivor, yet he asked for nomination papers of the convict Sengar to be presented on December to determine his financial status in order to determine the compensation amount.

While pronouncing the judgment, the district judge, Dharmesh Sharma, had observed that, “Sengar was a powerful person, the victim was a village girl, not from a cosmopolitan educated area which led to delay in filing case. I found her statement truthful, unblemished that she was sexually assaulted and under threat”.

The Court convicted Sengar on December 16 under section 376 (rape) of the Indian Penal Code as well as section 5(c) and 6 of POCSO Act. Both charges under IPC as well as the POCSO Act provide for minimum rigorous imprisonment of 10 years and maximum punishment of life imprisonment as well as fine.
 

Related:

Unnao rape case: Kuldeep Singh Sengar convicted
Unnao accident witness claims murder bid on self

Death Penalty In POCSO Act Imperils Child Victims Of Sexual Offences
Oppn slams BJP for selective targeting of Rape Survivor in Chinmayanand Case
Selective Silence & Outrage: The Unnao Story
SC transfers Unnao case to Delhi, orders CBI to complete probe in 7 days
Unnao Story Is The Failure Of Indian system

Vociferous protests by Civil Society and Political Parties as Unnao survivor battles for life

Unnao rape case: Sengar’s sentence hearing adjourned to December 20

The Delhi District Court today, heard submissions to decide upon the quantum of sentence to be given to ex-MLA of BJP, Kuldeep Sengar, for being convicted on charges of rape under IPC as well as under POCSO.

SentencedImage Courtesy: ANI


Arguments were put forth by both parties where the prosecutor representing CBI asked for maximum punishment and compensation for the survivor. The CBI prosecutor also argued against taking a lenient stand or liberal view towards sentencing. The prosecutor sought compensation under section 357 and 357A of the CrPC.

Counsel for the accused submitted that the convict’s social work must be taken into consideration when deciding quantum of sentence. He also pointed out that throughout his stay in Tihar Jail, the convict has displayed good conduct and he has not been a ‘menace to society’.

His counsel also said that if fine is being imposed then compensation may not be given to the victim as the Judge had pointed out that already a compensation of Rs. 25 lakhs has been given to the survivor. The judge noted that no amount of compensation can repair the injury caused to the survivor, yet he asked for nomination papers of the convict Sengar to be presented on December to determine his financial status in order to determine the compensation amount.

While pronouncing the judgment, the district judge, Dharmesh Sharma, had observed that, “Sengar was a powerful person, the victim was a village girl, not from a cosmopolitan educated area which led to delay in filing case. I found her statement truthful, unblemished that she was sexually assaulted and under threat”.

The Court convicted Sengar on December 16 under section 376 (rape) of the Indian Penal Code as well as section 5(c) and 6 of POCSO Act. Both charges under IPC as well as the POCSO Act provide for minimum rigorous imprisonment of 10 years and maximum punishment of life imprisonment as well as fine.
 

Related:

Unnao rape case: Kuldeep Singh Sengar convicted
Unnao accident witness claims murder bid on self

Death Penalty In POCSO Act Imperils Child Victims Of Sexual Offences
Oppn slams BJP for selective targeting of Rape Survivor in Chinmayanand Case
Selective Silence & Outrage: The Unnao Story
SC transfers Unnao case to Delhi, orders CBI to complete probe in 7 days
Unnao Story Is The Failure Of Indian system

Vociferous protests by Civil Society and Political Parties as Unnao survivor battles for life

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