New Delhi, Dec 29 (IANS) With the Supreme Court staying the bail granted to Unnao rape convict and former UP MLA Kuldeep Singh Sengar, the survivor on Monday demanded the death sentence for him, saying that only then would her father receive justice.

Speaking to IANS, the survivor said she has not performed the ‘terahvin’ (funeral rituals) of her father to date.

“My father was killed in 2018, and since then, his soul has not been at peace. My father will get peace only when the killers and the rapist are hanged. Only then will my father get justice,” she said.

Apart from the rape case, Sengar was also accused of involvement in the death of the survivor’s father in 2018 and was convicted and sentenced in the case.

Expressing faith in the apex court, the victim said she continued to believe that justice would ultimately prevail.

“I have faith in the Supreme Court and will continue to have faith that it will deliver justice. I do not know what was going on in the judge’s mind while granting him bail. Only the judge knows how much sympathy was shown towards him,” the woman told IANS.

She further said that the accused was shown undue leniency while the victim continued to suffer.

“There was so much sympathy that the judge granted him bail while the victim remained confined to her home. Rapists are roaming freely. The law should be the same for everyone,” she added.

The victim also expressed gratitude to those who stood by her throughout her struggle.

“I am thankful to everyone who supported me and helped me in my fight for justice,” she said.

Reiterating her resolve, the victim stated: “I had faith in the Supreme Court that justice would be delivered. My struggle is ongoing and will continue. I will pursue this case until he is awarded the death penalty. Only then will my father and I get justice.”

Meanwhile, the victim’s mother also thanked the apex court for its intervention. “I thank the Supreme Court. The court specially opened to hear our case, and we are very grateful for that. I want to thank the Supreme Court for delivering justice,” she said.

Earlier in the day, the Supreme Court stayed the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled BJP leader Sengar in the 2017 Unnao rape case.

“We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts, where the convict is also convicted for a separate offence, we stay the operation of the Delhi High Court,” ordered a three-judge Bench led by Chief Justice of India (CJI) Surya Kant.

The bench, also comprising Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar in the Central Bureau of Investigation’s (CBI) plea and directed that a counter-affidavit be filed within four weeks.

The apex court clarified that Sengar will not be released pursuant to the impugned Delhi High Court’s order.

The CJI-led Bench agreed to examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court’s interpretation would mean a police constable could be treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, while a member of the legislature would stand excluded.

Appearing for the CBI, SG Mehta said the Delhi High Court “erred” in concluding that a legislator would not fall within the category of a “public servant” for the award of sentence.

Placing on record the trial court’s conviction order, the Centre’s second-highest law officer highlighted that the victim was below 16 years of age — approximately 15 years and 10 months — at the time the offence of rape was committed on her.

The SG also added that Sengar could not walk out of jail as he is serving a separate 10-year sentence in cases linked to the death of the survivor’s father in 2018. “This convict was held guilty of murdering the father of the survivor. He is still in jail for that. I urge the conscience of this court to stay this order for the sake of the child who was a victim of this,” he submitted.

In its order, the Supreme Court clarified that the survivor may file a separate special leave petition (SLP) before the apex court, if required, and that the SC Legal Services Committee would provide legal aid.

–IANS

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