The judge observed that although Sengar had suffered a long incarceration, relief could not be given on grounds of delay, as it was partly because he filed multiple applications in his appeal against his conviction.
A bench headed by Justice Prathiba M Singh suspended the sentence for the time being and directed that Sengar be admitted to AIIMS-Delhi for his medical evaluation and must remain in the capital once discharged.
His sentence has been suspended from January 27 to February 10 in the rape case and in another for which he is serving 10 years' imprisonment for the death of the rape victim's father in custody.
The Delhi high court on Friday modified its order granting interim bail to expelled Bharatiya Janata Party leader Kuldeep Singh Sengar, serving life term for raping a minor in Uttar Pradesh's Unnao in 2017, by asking him to surrender after his daughter's 'tilak' ceremony and then be released again before her marriage.
A 17-year-old girl has alleged that she was raped by Bangermau MLA Kuldeep Singh Sengar of the BJP at his residence when she had gone to meet him with a relative seeking a job last year.
District judge Dharmesh Sharma also said the facts and circumstances brought on the record prove beyond reasonable doubt that the accused hatched another crucial part of the conspiracy to foist a false case upon the victim by planting a country made gun and four cartridges.
The woman's father died in judicial custody in April 2018.
According to an insider, "Winning is all that matters to the BJP. The leaders were warned that he was an undesirable character but they said look at his victory margin."
The expelled BJP MLA is accused of raping the woman in 2017. He is also facing murder charges as the woman was hit by a truck in July. Her two aunts were killed in the accident.
The woman was allegedly kidnapped and raped by Sengar in 2017 when she was a minor.
According to the information shared by Uttar Pradesh Police with the CBI, the witness, named Yunus, who ran a general merchant shop in Makhi village, where the MLA and the victim lived, was allegedly not well for sometime.
The court convicted Sengar for rape under the Indian Penal Code and the Protection of Children from Sexual Offences Act for offence by a public servant committing penetrative sexual assault against a child.
She is being given oxygen through a tube inserted in the windpipe. Her condition is stable but not out of danger, he said.
From police refusing to name the accused when the complaint was first filed to seeing her father tortured and killed, from her uncle being ensnared in an unrelated case to suffering an accident, which had clear marks of a conspiracy, the going was tough for her.
Atul Sengar, the brother of BJP MLA Kuldeep Singh Sengar was arrested after the Lucknow Director General of Police issued the arrest warrant against him.
The apex court will on Monday take a call on moving the woman and her lawyer to AIIMS in Delhi, it said.
Reacting to the Unnao case, which has grabbed national headlines, it has been decided that the state prosecution wpuld apprise the govt every month of the prospective hearing dates in such cases.
Demanding the case be handed over to Central Bureau of Investigation, the victim alleged that the administration has done little to ensure the security of women in the state.
The bench also directed the Uttar Pradesh government to pay Rs five lakh to the lawyer, who is in a critical condition.
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