New Delhi [India], July 6 (ANI): Former BJP MLA Kuldeep Singh Sengar's counsel argued that he was not present at the place of the incident, as the Delhi High Court heard the arguments on the final appeal filed against his conviction in the Unnao rape case.
The High Court will continue to hear arguments on Tuesday.
Division bench of Justices Prathiba M Singh and Vikas Mahajan heard the arguments advanced by senior counsel N Hariharan along with advocate SPM Tripathi and Siddharth Yadav.
It was argued by the senior counsel that it is a case where the judgement was delivered in 19 days; he said that 'justice hurried is justice buried'.
He also said that Sengar was convicted of an offence for which he was not charged. He was charged for the offence under section 376 (1) IPC and the POCSO Act, whereas he was convicted for the offence under section 376 (2) IPC, which prescribed punishment for a public servant.
Senior advocate Hariharan further argued that the victim who levelled allegations of rape against the appellant, the same victim had levelled the same allegations of rape against his son and his driver a week prior, on July 11, 2017.
It was alleged that the victim was induced by Shashi Singh in both incidents. If the first incident had happened, then is it possible that the victim was induced a second time a week later, the senior counsel argued.
It was further submitted that a panchayat was called and a marriage proposal was given by the family of the victim to the son of the appellant. However, the appellant did not agree to the proposal. Thereafter, the present case was lodged.
Senior advocate also submitted that the appellant Sengar was not present at the time of the alleged incident.
Sengar is serving a life sentence for raping a minor. He had challenged the trial court judgement. His appeal is pending before the Delhi High Court.
Advocate Mehmood Pracha appeared for the victim.
On May 26, it was argued that Sengar was an MLA from Bangarmau; however, the incident was reported from Makhi Police Station of Unnao, Uttar Pradesh. Though he was not an MLA from that area.
Senior counsel had also argued that though the co-accused Shashi Singh was acquitted of this case, Sengar was also convicted for the offence of criminal conspiracy. "How could he be convicted for the offence of criminal conspiracy once the co-accused is acquitted in this case?" he asked.
Sengar was convicted and sentenced by the District Judge Dharmesh Sharma in 2018. He was also convicted and sentenced to 10 years' imprisonment alongwith others in the Unnao custodial death case. Both appeals are pending before the Delhi High Court.
This case was transferred to Delhi from Uttar Pradesh on a direction passed by the Supreme Court.
Recently, the Supreme Court has passed a direction for the expeditious disposal of an appeal pending before the Delhi High Court. (ANI)
