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