SC sets aside Delhi HC order suspending Kuldeep Sengar's sentence
What's the story
The Supreme Court has set aside the Delhi High Court's decision to suspend the life sentence of former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the Unnao rape case. The apex court remitted the matter back to the High Court for a fresh decision. A bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi partly allowed an appeal filed by the Central Bureau of Investigation (CBI).
Legal proceedings
Strong evidence proved prosecutrix was not minor, Sengar's lawyer said
The CBI had appealed against the Delhi High Court's decision to suspend Sengar's life sentence. The apex court had stayed this order in December last year, granting Sengar bail during his appeal against conviction. Senior Advocate N Hariharan, representing Sengar, argued that there was strong evidence proving the prosecutrix was not a minor at the time of the alleged incident.
Counterarguments
MLA not 'public servant' under POCSO Act, CBI refutes claims
However, Solicitor General of India Tushar Mehta, appearing for the CBI, refuted these claims. He argued that the High Court erred in holding that an MLA was not a "public servant" under the Protection of Children from Sexual Offences (POCSO) Act. Justice Bagchi agreed with this view, stating "We are not endorsing the hypertechnical view taken by the High Court," and emphasized that POCSO is meant to protect children.
Legal debate
CBI challenged HC's interpretation of POCSO Act
The CBI challenged the High Court's interpretation of the POCSO Act, arguing that it diluted the protective framework of the law. The agency contended that treating an MLA as not a "public servant" undermines enhanced protection for children against sexual offenses. The CBI also argued long incarceration cannot be grounds to suspend a life sentence in heinous crimes like minor rape.
Public confidence
Conviction drew nationwide attention due to allegations of harassment
The CBI also raised concerns over the victim's safety, arguing Sengar's release poses a risk given his past conduct and influence. They warned that suspending a sentence undermines public confidence in the criminal justice system. Sengar was convicted in 2019 for raping a minor girl in Unnao district of Uttar Pradesh and sentenced to life imprisonment. The case had drawn nationwide attention due to allegations of harassment by Sengar and his associates against the survivor's family.