Unnao Rape Case: SC Stays Delhi HC's Order Of Suspension Of Kuldep Sengar’s Life Sentence

The Supreme Court will hear the CBI’s plea challenging the Delhi High Court’s decision to suspend the life sentence and grant bail to former BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case. The move has sparked protests from the survivor’s family and women’s rights groups, who say the order undermines public faith in justice.

The Supreme Court on Monday stayed the Delhi High Court’s order suspending the life sentence of expelled Bharatiya Janata Party (BJP) leader and former MLA Kuldeep Singh Sengar in the 2017 Unnao rape case involving a minor girl.

The apex court also issued notice to Sengar on an appeal filed by the Central Bureau of Investigation (CBI) challenging the High Court’s decision to grant him bail. The matter is being heard by a bench comprising Chief Justice Suryakant, Justice JK Maheshwari, and Justice Augustine George Masih.

Appearing for the CBI, Solicitor General Tushar Mehta argued that the case involves the rape of a minor and includes charges under Section 376 of the Indian Penal Code and Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. He told the court that the trial court had found the victim to be 15 years and 10 months old at the time of the offence and had awarded Sengar life imprisonment.

Mehta contended that the High Court had erred in limiting the scope of punishment and in holding that an MLA does not qualify as a public servant under the POCSO Act.

Senior advocates Siddharth Dave and Hariharan commenced arguments on behalf of Sengar. 

The CBI has approached the Supreme Court against the Delhi High Court’s December 23 order, which suspended Sengar’s life sentence and granted him conditional bail during the pendency of his appeal. Earlier, both the investigating agency and the survivor’s family had indicated their intention to challenge the High Court’s decision.

The suspension of Sengar’s sentence has drawn sharp criticism from the survivor’s family and women’s rights activists, who have protested against the order. They have said the decision had “shaken public faith” and conveyed a wrong message in cases involving crimes against women.

Before the Delhi High Court, the CBI had strongly opposed Sengar’s application, underlining the seriousness of the offence and warning of potential risks associated with granting him relief. Despite these submissions, a Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar allowed Sengar’s plea, suspending his sentence subject to strict conditions.

The Unnao rape case had sparked nationwide outrage. In December 2019, a trial court convicted Sengar of kidnapping and raping a minor girl and sentenced him to imprisonment for the remainder of his natural life, along with imposing a fine of Rs 25 lakh.

Earlier, the Supreme Court had transferred all cases connected to the incident from Uttar Pradesh to Delhi and ordered that the trial be conducted on a day-to-day basis, citing concerns over fairness and the safety of the survivor and her family.

(With IANS inputs)