Unnao Rape Case: Supreme Court To Hear CBI’s Plea Challenging Suspension Of Ex-BJP MLA Kuldeep Sengar’s Life Sentence On Dec 29

Unnao Rape Case: The Supreme Court will on Monday hear the Central Bureau of Investigation’s (CBI) challenge to the Delhi High Court order that suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case while his appeal remains pending.

As per the Supreme Court’s cause list dated December 29, the matter will be taken up by a three-judge Special Vacation Bench comprising Justice Surya Kant, Justice JK Maheshwari, and Justice AG Masih. The CBI has sought an immediate stay on the high court’s December 23 order, which sparked widespread outrage.

Separate Petition Challenges Sentence Suspension

The top court will also hear a separate plea filed by advocates Anjale Patel and Pooja Shilpkar, who have questioned the legality of suspending Sengar’s sentence and granting him bail. The petitioners argued that the high court failed to consider the trial court’s explicit direction that Sengar should remain in prison for the remainder of his natural life.

They contended that the decision ignored the gravity of the offence, Sengar’s criminal background, and the findings recorded during the trial.

High Court Reasoning And Bail Conditions

The Delhi High Court suspended Sengar’s sentence after holding that the aggravated offence provisions under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act and Section 376(2) of the Indian Penal Code were not applicable, as Sengar could not be classified as a “public servant” under the relevant legal provisions.

The court noted that Sengar has already spent seven years and five months in jail and ordered his release on bail subject to strict conditions. These include furnishing a personal bond of ₹15 lakh with three sureties, staying at least five kilometres away from the survivor’s residence in Delhi, and refraining from threatening the survivor or her mother. Any violation, the court warned, would result in cancellation of bail.

Victim Raises Allegations, Custodial Death Case Continues

Following the high court’s order, the survivor accused the then-investigating officer of colluding with Sengar and demanded that the CBI register an FIR against him.

Despite the suspension of sentence in the rape case, Sengar will remain in prison as he is also serving a 10-year sentence in connection with the custodial death of the survivor’s father. He has not been granted bail in that case.

The rape case and related matters were transferred from Uttar Pradesh to Delhi in August 2019 on the Supreme Court’s directions. Sengar’s appeal against his conviction in the custodial death case is also pending before the court, where he has sought suspension of sentence on the grounds of prolonged incarceration.

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