Unnao Case: Unnao rape victim’s mother’s first reaction on the Supreme Court’s decision, said – we are happy with the decision, the culprit should get death sentence
New Delhi: Former BJP MLA Kuldeep Singh Sengar, who was convicted by the trial court in the Unnao rape case, has got a big blow from the Supreme Court. The Supreme Court has stayed the decision of the Delhi High Court, in which Sengar’s sentence was reduced. The vacation bench headed by CJI Justice Surya Kant has also made strict comments during the hearing. After this decision of the Supreme Court, the first reaction of the victim of Unnao rape case has come to light. He expressed happiness over the decision of the Supreme Court of the country and said that he demands death sentence for Kuldeep Sengar. Solicitor General Tushar Mehta appeared on behalf of CBI in this high profile case. After hearing the arguments of both the parties, the Supreme Court has stayed the decision of the High Court.
Read :- Emotional post of Kuldeep Sengar’s daughters, ‘We are demanding justice because we are human beings, please let the law speak without any fear…’, will fight, will not lose.
The Supreme Court has put on hold the Delhi High Court order giving major relief to former MLA Kuldeep Singh Sengar, who is serving life imprisonment in the Unnao Rape Case. The Supreme Court, while staying the implementation of the High Court order of December 23, 2025, made it clear that Sengar will not be released from jail for the time being. A bench headed by Chief Justice (CJI) Justice Surya Kant, after hearing the arguments of Solicitor General (SG) Tushar Mehta, appearing for the CBI, and senior lawyers on behalf of the accused, said that many important questions related to law arise in this case, which require consideration. While issuing the notice, the court has directed to file the reply within four weeks.
Unnao victim’s mother said that we are happy with the decision of the Supreme Court. Our lawyers should be given security. The High Court judges had given a wrong decision. Kuldeep Sengar should be given death sentence. Thanks to Rahul Gandhi and others who supported.
SG Tushar Mehta’s argument
During the hearing, SG Tushar Mehta urged the court to stay the disputed order and said that we are accountable towards that girl. He argued on the definition and usage of public servant and cited the Antulay case. SG Tushar Mehta said that even if for the sake of argument it is assumed that the person concerned is not a public servant, he would still come under the purview of Section 5(3) of the POCSO Act. He also clarified that no offense or punishment can be applied retrospectively. On this, CJI Justice Surya Kant questioned whether the definition of public servant should be seen only in the strict legal sense or can it also include a person holding a dominant position in the society. The CJI said that the relevance of the context and circumstances of the case is important.
Read :- Unnao Rape Case: Sengar got a big blow from the Supreme Court; High Court’s decision put on hold
This matter is different: Supreme Court
The court said in its order that normally after a person is released, such orders are not stayed without hearing, but the circumstances in this case are different, because the convict is also serving a sentence for another crime. Therefore, the order of Delhi High Court dated 23 December 2025 is stayed and the convict will not be released. The Supreme Court also clarified that the victim has the statutory right to file a separate Special Leave Petition (SLP) and for this she does not need to take permission from the court. If the victim requires free legal aid, the Supreme Court Legal Services Committee will provide her assistance.
What did CJI Justice Surya Kant say?
CJI Justice Suryakant has made some important comments during the hearing. He said that if according to the interpretation of the High Court, a Patwari or a constable is considered a public servant under the POCSO Act, but not an MLA or an MP, then this would need to be reconsidered. He also said that some people are trying to take political advantage from this case, but it should not be forgotten that the conviction has been given by the judiciary itself. Giving a message to all the parties, the CJI said that they should keep their arguments inside the court, not outside. We do not sit in ivory towers and try to intimidate the judicial system. Meanwhile, senior advocate Mahmood Pracha said that anyone would stand in support of the victim and her family after hearing about the atrocities they faced, but the case cannot be called a win as of now as a major part of the legal battle is still pending.
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