Supreme Court to Hear Unnao Rape Case During Winter Break
Supreme Court's Upcoming Hearing on Unnao Case
The Supreme Court is currently on winter recess until January 5, 2026. However, it will convene for a significant case during this break. This involves the Unnao rape case, where the Delhi High Court recently granted bail to convicted rapist and former BJP legislator Kuldeep Singh Sengar, overturning his life sentence. The Central Bureau of Investigation (CBI) has challenged this bail decision in the Supreme Court, suggesting that the entire case could be reconsidered. The CBI argues that the High Court made a serious error in its judgment.
Details of the CBI's Challenge
The CBI has indicated that its decision to appeal was based on a thorough review of the High Court's division bench orders. A Special Leave Petition (SLP) has been filed in the Supreme Court, with a hearing scheduled for December 29. This session will be conducted by a vacation bench comprising Chief Justice of India D.Y. Chandrachud, Justice J.K. Maheshwari, and Justice Augustine George Masih. Before the Supreme Court reaches a conclusion, it is essential to understand the grounds on which the High Court acquitted the convicted rapist, as the upcoming hearing will focus on these points.
Grounds for Kuldeep Sengar's Bail
The High Court's rationale for granting bail to Sengar was based on its initial assessment that the charges against him under the POCSO Act were not adequately substantiated. The court preliminarily concluded that the case did not fall into the most severe category of offenses. According to the POCSO Act, the severity of sexual offenses against minors is determined by whether the perpetrator holds a position of power or responsibility.
Legal Implications of the Case
Individuals in positions of public trust, such as police officers, government employees, military personnel, or healthcare workers, are held to a higher standard under the law. If such a person commits sexual exploitation against a minor, the law categorizes it as a more serious crime. In these cases, the minimum sentence is typically 20 years, with the possibility of life imprisonment.