The Delhi High Court has refused to suspend the jail sentence handed to Jaideep Singh Sengar, who was convicted in a case related to the death of the father of a woman was raped in Uttar Pradesh’s Unnao district in 2017, reported Live Law.

Jaideep Singh Sengar is the brother of expelled Bharatiya Janata Party MLA Kuldeep Singh Sengar. He has been sentenced to ten years’ imprisonment.

The woman’s father was arrested in an illegal arms case in April 2018. It was later found that he had been framed in the case. He died in judicial custody in Unnao on April 9, 2018, a day after his daughter attempted to kill herself outside Uttar Pradesh Chief Minister Adityanath’s house as no action had been taken against Kuldeep Singh Sengar till then.

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The former BJP MLA was convicted of raping the woman in 2017. She was a minor at the time. He was sentenced to life imprisonment in December 2019 and was also ordered to pay Rs 25 lakh as compensation to the complainant.

Jaideep Singh Sengar, in his petition before the High Court, said he is suffering from oral cancer and that his health would not allow him to serve the remainder of his sentence in prison. He also said that since the sentences of the other accused persons have been suspended, the same should be done in his case.

However, Justice Swarana Kanta Sharma referred to a report on Jaideep Singh Senger’s condition by the All India Institute of Medical Sciences, saying it is “clear on the point that medical condition of the appellant is not of a nature that he cannot serve the sentence awarded to him, in the jail”, The Indian Express reported.

The court also noted that he has been in judicial custody for three years, “which is much lower than the half of total sentence awarded” to him.