Unnao Rape | Supreme Court Sets Aside Delhi HC Order Suspending Kuldeep Sengar's Sentence, Remits Matter For Fresh Decision

The Supreme Court on Friday (May 15) set aside the order of the Delhi High Court suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, and remitted the matter to the High Court for a fresh decision.A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, partly allowing an appeal filed by the Central Burue of Investigation, requested the High Court either to decide Sengar's appeal against conviction within three months or pass a fresh order on the application seeking sentence suspension.The Court in December last year stayed the Delhi High Court order suspending sentence awarded to former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail during the pendency of his appeal against conviction in the Unnao rape case. Challenging that order, which led to a lot of public outrage, the CBI appealed to the Supreme Court. The Supreme Court, in December last year, had stayed the High Court's order.During the hearing today, Senior Advocate N Hariharan, for Sengar, submitted that there was strong evidence to show that the prosecutrix was not a minor at the time of the alleged incident. Solicitor General of India Tushar Mehta, for the CBI, refuted this submisison. The SG also contended that the High Court was wrong in taking a view that an MLA was not a "public servant" within the meaning of the POCSO Act.Justice Bagchi also expressed agreement with the SG on this point, saying, "We are not endorsing the hypertechnical view taken by the High Court", and highlighted that the POCSO Act was enacted to protect children. The Solicitor added that an MLA would be in a dominant position.The CJI, advocating a "practical solution", said that the High Court can be asked to take a fresh decision on the matter. The CJI pointed out that the High Court might be reluctant to hear the main appeal when the matter is pending in the Supreme Court.BackgroundTo recap, the High Court, while granting bail to Sengar, held that aggravated offence provisions under Section 5(c) of the Protection of Children from Sexual Offences Act and Section 376(2) of the Indian Penal Code were not attracted in the case, as he could not be categorized as a “public servant” within the meaning of those provisions. On that basis, it proceeded to suspend the sentence.Challenging this decision, the CBI contends that the High Court's decision had the effect of diluting the protective framework of the POCSO Act, and was legally unsustainable given the gravity of the offence and the settled principles governing suspension of life sentences.The investigating agency took strong exception to the High Court's conclusion that an MLA does not fall within the definition of a “public servant” for the purposes of Section 5(c) of the POCSO Act. According to the CBI, such a narrow and technical interpretation defeats the object of the statute, which is to provide enhanced protection to children against sexual offences and to treat abuse of authority as an aggravating circumstance.The plea argues that the High Court failed to adopt a purposive interpretation of the POCSO Act, despite the case involving sexual assault of a minor. It said that POCSO is a special welfare legislation and its provisions must be interpreted in a manner that advances, rather than restricts, the safeguards intended by Parliament.Assailing the reasoning for suspension of sentence, the CBI submits that long incarceration by itself cannot be a ground to suspend a life sentence in cases involving heinous crimes such as rape of a minor. The agency points out that the Supreme Court has consistently held that suspension of sentence in cases punishable with life imprisonment is an exception and not the rule, and can be granted only in rare and compelling circumstances.The petition cites several Supreme Court precedents to underline that factors such as the seriousness of the offence, the manner in which it was committed, the role of the accused, and the potential threat to the victim and witnesses must weigh heavily against grant of suspension. It alleged that the High Court's order failed to adequately consider these aspects.The CBI also flags concerns about the safety of the victim, arguing that Sengar's release poses a real risk given his past conduct and the influence he wields. It warned that suspending the sentence of a powerful convict in such circumstances undermines public confidence in the criminal justice system and sends a troubling message in cases of sexual violence against children.Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao district of Uttar Pradesh and was sentenced to life imprisonment. The case had drawn nationwide attention, with the survivor and her family alleging sustained harassment and intimidation by the former legislator and his associates. Several related cases, including those involving attacks on the survivor's family members, were also investigated by the CBI on the directions of...

Unnao Rape | Supreme Court Sets Aside Delhi HC Order Suspending Kuldeep Sengar's Sentence, Remits Matter For Fresh Decision

Amisha Shrivastava

'We don't endorse the hypertechnical view adopted by the High Court," Justice Bagchi observed during the hearing.

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Unnao Rape | Supreme Court Sets Aside Delhi HC Order Suspending Kuldeep Sengar's Sentence, Remits Matter For Fresh Decision

Amisha Shrivastava

'We don't endorse the hypertechnical view adopted by the High Court," Justice Bagchi observed during the hearing.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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