CBI Appeals Supreme Court Over Suspension of Kuldeep Sengar's Sentence in Unnao Case

CBI Challenges High Court's Decision

On Friday, the Central Bureau of Investigation (CBI) filed a petition with the Supreme Court contesting the Delhi High Court's ruling that suspended the life sentence of Kuldeep Singh Sengar, a former MLA from Uttar Pradesh, in the Unnao rape case involving a minor.

The CBI's appeal targets the High Court's choice to suspend Sengar's sentence and grant him bail while his appeal against the conviction is under consideration. However, the court has mandated that Sengar must not approach within five kilometers of the victim's residence.

Earlier this week, the High Court noted that the circumstances of the case did not meet the criteria for classifying the crime as 'aggravated penetrative sexual assault' as defined in Section 5 of the Protection of Children from Sexual Offences (Pocso) Act, since 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 minor is deemed more severe. Such aggravated offenses are considered more serious due to the special circumstances surrounding the crime.

According to the Act, an offense is categorized as 'aggravated penetrative sexual assault' if committed by individuals in positions of authority, including public servants, police officers, or hospital and prison staff.

The Pocso Act stipulates a minimum sentence of 20 years for aggravated offenses, which can extend to life imprisonment.

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

Following this conviction, he received a life sentence. His appeal against the conviction has been pending in the High Court since 2020.

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

Security forces intervened on Tuesday and Wednesday, preventing the complainant and her family from protesting in Delhi against the High Court's ruling.

They were reportedly detained at the Kartavya Path police station for approximately one hour.

In March 2020, Kuldeep Singh Sengar and his brother Jaideep Singh Sengar, among others, received a 10-year prison sentence for the death of the complainant's father while in judicial custody.