On Monday, a bench of Chief Justice Surya Kant, Justice JK Maheshwari and Justice Augustin George Masih heard the petition filed by the CBI against the bail order of the Delhi High Court.
During this, the Chief Justice made an important comment and said that generally it is a rule that if a person has come out of jail, the court does not take away his freedom, but in this case the situation is different, because Kuldeep Sengar is currently in jail in another case. On this basis, the court ordered to stay the bail.
Solicitor General Tushar Mehta presented arguments in the court on behalf of CBI. He said that this case is of rape of a minor girl. Charges were framed against Sengar under Section 376 and Sections 5 and 6 of the POCSO Act.
Citing the order of the trial court, SG Tushar Mehta said that the court had found Sengar guilty and sentenced him to life imprisonment. The trial court had also clearly recorded that the age of the victim was less than 16 years, i.e. 15 years and 10 months. Sengar’s appeal against this sentence is currently pending in the High Court.
The SG said Sengar has been convicted under Section 375 and if the offense is committed by an influential person, the minimum punishment could be 20 years or life imprisonment.
He also argued that the trial court ignored the fact that the provisions of Section 376 under which Sengar was found guilty also provide for life imprisonment.
Tushar Mehta also termed the High Court’s conclusion as wrong, which said that the MLA does not fall in the category of ‘public servant’ under Section 5 of the POCSO Act. He clearly said that when the victim is a minor, it does not matter whether the culprit holds public office or not.
Whereas, on behalf of Kuldeep Sengar, senior lawyers Siddharth Dave and Hariharan presented the defense arguments. After debate, the Supreme Court has put a stay on the bail.
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