Unnao Rape Case: Supreme Court stays Delhi High Court order suspending Kuldeep Singh Sengar’s life sentence

The Supreme Court on Monday stayed the operation of the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. Hearing a plea filed by the Central Bureau of Investigation, the top court issued notice and made it clear that Sengar will not be released from jail.

A bench led by Chief Justice of India Surya Kant observed that there are “substantial questions of law” involved in the matter that require detailed examination. The court noted that ordinarily, an order granting bail or suspending a sentence is not stayed without hearing the convict. However, given the circumstances of the case, the bench decided to stay the Delhi High Court’s order, especially since Sengar is already serving imprisonment in another criminal case.

The Supreme Court also flagged ambiguity over the interpretation of the term “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, an issue that lies at the heart of the dispute. The bench said the question of whether an elected MLA falls within the definition of a public servant under the Act requires careful consideration.

Background of the case

In December 2019, a Delhi court convicted Kuldeep Singh Sengar for raping a 17-year-old minor in Unnao, Uttar Pradesh, and sentenced him to life imprisonment under the POCSO Act. In 2020, the same court convicted him in a separate case for the custodial death of the rape survivor’s father, awarding a 10-year prison term.

On December 23, the Delhi High Court suspended Sengar’s life sentence in the rape case, reasoning that he could not be treated as a public servant for the purpose of imposing a life term under POCSO. The High Court noted that Sengar had already spent over seven years in prison.

Challenging this order, the CBI argued before the Supreme Court that the High Court ruling is contrary to law and that Sengar, as an elected MLA at the time of the offence, is undeniably a public servant. Despite the High Court order, Sengar remains in jail due to his conviction in the custodial death case.