* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23^rd DECEMBER, 2025

IN THE MATTER OF: + CRL.A. 53/2020

KULDEEP SINGH SENGAR .....Appellant

Through: Mr N Hariharan Sr Adv, Mr SPM

Tripathi, Mr. Amit Sinha, Mr. Deepak Sharma, Mr. Rahul Poonia, Mr. Ambuj Singh, Mr. Ashish Tiwari, Ms. Aishwarya Senger, Mr. Gaurav Kumar, Mr. Saurabh Dwivedi, Ms. Punya Rekha, Ms. Angara, Ms. Vasundhara N, Mr. Aman Akhtar, Ms. Sana Singh, Ms. Vasundhara Raj Tyagi, Mr. Arjan Singh Mandla, Ms.

Gauri Ramachandran, Advs.

Mr. Manish Vashisht, Sr. Advocate with Ms. Aishwarya Sengar, Mr. Vedansh Vashisht, Mr. Swapan

Singhal, Advs.

versus

CENTRAL BUREAU OF INVESTIGATION .....Respondent

Through: Mrs. Anubha Bhardwaj SPP for CBI

Along with Mr. Vijay Mishra & Ms.

Ananya Shamshery Advs.

Ms. Urvi Mohan, Advocate for DCW Mr. Mehmood Pracha, Mr. Sanawar, Mr. Jatin Bhatt, Mr. Kshtij Singh and Mr. Kumail Abbas Advocates for

Complainant

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

JUDGMENT

SUBRAMONIUM PRASAD, J.

CRL.M.(BAIL) 359/2022

1. The present application has been filed by the Appellant under Section 389(1) read with Section 482 of the Code of Criminal Procedure, 1963 [“CrPC”] seeking regular suspension of sentence during the pendency of the appeal.

2. The Appellant herein has been convicted for offences punishable under Sections 376/363/366 of the Indian Penal Code, 1860 [“IPC”] read with Sections 5(c)/6 of the Protection of Children from Sexual Offences Act, 2012 [“POCSO Act”] vide judgment dated 16.12.2019 passed by the learned District & Sessions Judge – West District, Tis Hazari Courts, Delhi [“learned Trial Court”] in Sessions Case No. 448/2019 arising out of FIR No. 96/2018 registered at Police Station Makhi, Unnao, Uttar Pradesh, re- registered as RC-08(S)/2018, PS CBI/ACB/Lucknow [“Impugned Judgment”]. Vide a separate order on sentence dated 20.12.2019 passed by the learned Trial Court, the Appellant has been sentenced to undergo life imprisonment for the remainder of life, along with a fine of Rs. 25,00,000/- and an additional compensation of Rs. 10,00,000/- payable to the mother of the survivor. Against the Impugned Judgment as well as the Order on sentence, the Appellant has approached this Court by way of the Criminal Appeal No. 53 of 2020, which is pending adjudication.

3. For a proper adjudication of the present application seeking suspension of sentence during the pendency of the Appeal, this Court deems it fit to postulate the background which gives rise to the Appeal.

4. The incident of rape upon the Victim/Survivor came to be registered under Case No. SC – 448/2019 arising out of FIR No. 96/2018 at PS Makhi, Unnao under Sections 363, 366, 376, 506 of the IPC and Sections 3 and 4 of the POCSO Act. Investigation into these allegations was handed over to the Central Bureau of Investigation [“CBI”] vide a Notification dated 12.04.2018 issued by the Government of Uttar Pradesh, after which a case RC 08(S)/2018 dated 12.04.2018 came to be registered in the ACB, CBI, Lucknow Branch.

5. Pertinently, apart from RC 08(S)/2018 which involved the allegation of rape upon the Victim/Survivor, the CBI was also entrusted with the investigation into the following two cases:

(i) RC 09(S)/2018 under Sections 323, 504, 506 IPC and Sections

3/25 Arms Act, lodged against father of the Victim/Survivor; and (ii) RC 10(S)/2018 under Sections 147, 323, 504 read with Section

302 IPC, lodged by the mother of the Victim/Survivor for the alleged assault upon her husband.

6. Subsequently, another case arising out of FIR No. 316/2018 dated 20.06.2017 under Sections 363, 366, 376D IPC pertaining to alleged offences of kidnapping, confinement for sexual exploitation and gang rape upon the Victim/Survivor was transferred to CBI for further investigation vide Order dated 13.04.2018 passed by the High Court of Judicature at Allahabad in WP (PIL) 01/2018. Resultantly, RC 11(S)/2018 dated

16.06.2018 under Sections 363, 366, 376D IPC and Sections 3 and