Unnao victim's plea against Sengar junked
New Delhi, April 21 -- The Delhi high court on Monday dismissed a plea by the Unnao rape victim seeking enhancement of the sentence awarded to former BJP MLA Kuldeep Singh Sengar, his brother Jaideep and others in the case concerning her father's custodial death.
A bench of justices Navin Chawla and Ravinder Dudeja held that the victim failed to show "sufficient cause" for the 1,945-day delay in filing the appeal and said that her reasons, financial constraints, accommodation issues, alleged ill health, and claims of threats were vague, unsupported by documents.
The court noted that despite being aware of the impugned judgment through which they were convicted and participating in related proceedings, she did not pursue the statutory remedy within the prescribed period. Terming the delay inordinate and unexplained, the bench said it reflected a lack of due diligence and that such a delay cannot be condoned as a matter of right without reasonable justification.
"The grounds urged in the application, namely financial constraints, issues relating to accommodation, alleged physical debilitation, and assertions of threats or harassment, do not inspire confidence at the stage of considering the application for condonation of delay. These grounds are vague in nature, unsupported by any documentary material...," the bench said.
Survivor's counsel Mehmood Pracha earlier argued that she was living under adverse conditions and it was a "miracle" that she was able to pursue other cases. Kuldeep Sengar's counsel Kanhaiya Singhal said the present case was an example of conscious inaction....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.