Supreme Court Intervenes in Unnao Rape Case, Stays High Court's Bail for Kuldeep Singh Sengar

Supreme Court's Decision on Sengar's Sentence

On Monday, the Supreme Court intervened by staying the Delhi High Court's decision that had suspended the life sentence of Kuldeep Singh Sengar, a former MLA from Uttar Pradesh, in the Unnao rape case involving a minor.

A bench comprising Chief Justice Surya Kant and Justices JK Maheshwari and Augustine George Masih was reviewing a petition from the Central Bureau of Investigation that contested the High Court's ruling from December 23.

The bench instructed Sengar's legal team to submit a response within four weeks.

Additionally, the court mandated that the victim receive legal assistance.

The High Court had previously granted bail to Sengar while his appeal against the conviction was pending, but he was prohibited from approaching the complainant's residence within a five-kilometer radius.

Despite this ruling, Sengar remains incarcerated as he is serving a separate 10-year sentence related to the custodial death of the complainant's father, for which he has not been granted bail.

The High Court noted that the circumstances of the case did not meet the criteria for classifying the offense as 'aggravated penetrative sexual assault' under Section 5 of the Protection of Children from Sexual Offences Act, as Sengar did not qualify as a 'public servant.'

Section 5 of the Pocso Act outlines the conditions under which a 'penetrative sexual assault' against a child is deemed more severe. Such aggravated offenses are considered more serious due to the circumstances surrounding the crime.

According to the Act, an offense is classified as 'aggravated penetrative sexual assault' if committed by individuals in positions of authority, including public servants or police officers, among others.

Aggravated offenses carry a minimum sentence of 20 years, which can extend to life imprisonment under the Pocso Act.

In 2019, Sengar was convicted by the trial court, which determined that his status as an MLA at the time of the incident classified him as a 'public servant' under Pocso, warranting a more severe punishment.

Following this, he was sentenced to life imprisonment, with his appeal against the conviction pending in the High Court since 2020.

On December 23, the High Court overturned the trial court's reasoning, asserting that Sengar, as an elected MLA during the incident, could not be classified as a 'public servant' under the Pocso Act.

On December 23 and 24, security personnel forcibly prevented the complainant and her family from protesting in Delhi against the High Court's decision, detaining them for about an hour at the Kartavya Path police station.

On Saturday, the Delhi Police detained Congress leader Mumtaz Patel and other demonstrators who were staging a sit-in near the Parliament to protest the High Court's ruling.