×

Supreme Court Halts Suspension of Kuldeep Sengar's Sentence in Unnao Rape Case

The Supreme Court has intervened in the Unnao rape case, halting the suspension of Kuldeep Sengar's sentence. This decision follows the Delhi High Court's controversial ruling, which the Supreme Court deemed inappropriate given Sengar's conviction in a separate crime. Solicitor General Tushar Mehta argued the severity of the case, highlighting the power dynamics involved, as Sengar was a prominent legislator. The court raised critical questions about the definition of 'public servant' under the POCSO Act, indicating the complexities surrounding the case. This ruling has significant implications for justice in cases involving influential figures.
 

Supreme Court Intervenes in Unnao Case

On Monday, the Supreme Court intervened to stay the Delhi High Court's order that had suspended the sentence of former legislator Kuldeep Singh Sengar in the Unnao rape case. The High Court's decision was overturned, stating that the accused could not be granted relief due to his conviction in a separate crime, for which he has already been sentenced. The Supreme Court has also issued a notice to Sengar in response to the CBI's appeal against the High Court's ruling.


Background of the Case

Kuldeep Singh Sengar was convicted in December 2019 for his involvement in the Unnao rape case and was sentenced to life imprisonment, along with a fine of ₹25 lakh. A three-judge bench, comprising Chief Justice N.V. Ramana, Justice J.K. Maheshwari, and Justice Augustine George Masih, heard the petition filed by the CBI challenging the High Court's December 23 order that suspended Sengar's sentence.


Arguments Presented in Court

During the proceedings, Solicitor General Tushar Mehta represented the CBI, while senior advocates Siddharth Dave and Harish Salve appeared for Sengar. Mehta described the case as a "horrific instance of rape against a minor" and emphasized that Sengar was convicted under IPC Section 376 and Sections 5 and 6 of the POCSO Act. He highlighted the sexual assault involved and the power dynamics at play, noting that the victim was a minor.


Concerns Raised by the Bench

Mehta argued that if an individual holds a position of influence, it should be regarded as a serious offense. He pointed out that Sengar was a powerful legislator in the region. The bench raised questions regarding the interpretation of 'public servant' under the POCSO Act. Chief Justice Ramana remarked, "We are concerned that a constable may be considered a public servant under the Act, but a legislator could be excluded!" Mehta clarified that the concept of a public servant should be understood in context, particularly regarding the individual's influential status at the time of the crime.