SC puts Unnao rape-accused Kuldeep Sengar's bail on hold
What's the story
The Supreme Court, on Monday, paused Unnao rape-accused and former BJP leader Kuldeep Sengar's bail, saying he won't be released from jail. The court was hearing a plea by the CBI challenging a Delhi High Court order suspending the life sentence of Sengar in the 2017 Unnao rape case. The High Court's verdict was announced on December 23.
Case
Sengar's appeal
Sengar previously challenged the December 2019 trial court verdict in the case. However, he will remain in jail as he is also serving a 10-year term for the custodial death of the rape survivor's father. Chief Justice of India Surya Kant orally remarked that the court is tentatively inclined to stay the High Court's order suspending Sengar's sentence in the case.
Bench
Definition of 'public servant' under POCSO Act
The CJI-headed bench, which also comprised Justices JK Maheshwari and Augustine George, also noted that there is ambiguity in defining 'public servant' under the Protection of Children from Sexual Offences (POCSO) Act, 2012. A patwari or police constable could be convicted under section 6 of the POCSO, but an MLA would not be considered a public servant.
Argument
Solicitor General's contention
On behalf of CBI, Solicitor General Tushar Mehta said that the punishment for penetrative sexual assault provided in Section 5 of the POCSO is "rigorous imprisonment for a term which not less than 20 years and extend to imprisonment for the remainder of natural life of the convict or with death." He pointed out that Sengar was found guilty of murdering the survivor's father.
Guilt
'Sengar was in position of dominance'
Mehta told the court that "the victim is below 16 years old. It is an aggravated form of rape," adding, "the maximum sentence would apply in this case." The charges against Sengar were framed under Section 376 of the Indian Penal Code and under Sections 5 and 6 of the POCSO Act. The trial court found him guilty and established the survivor a minor.