Unnao rape case: SC sets aside Delhi HC order suspending Kuldeep Sengar’s sentence

The Supreme Court on Friday (May 15) set aside the Delhi High Court order, which suspended the life imprisonment sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, and asked the High Court to take a fresh decision on the matter.

CBI appeal heard

The development took place during the hearing of an appeal by the Central Bureau of Investigation (CBI), which the bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi partly allowed.

Also Read: Unnao rape case: Survivor questions justice system, says her hope is breaking

The bench requested the Delhi High Court to either decide on Sengar's appeal against conviction within three months or pass a fresh order on his appeal seeking suspension of his sentence.

Defence questions evidence

Appearing for Sengar, Senior Advocate N Hariharan submitted before the Bench that the evidence on record raised serious doubt over whether the “prosecutrix” (a woman who initiates legal proceedings) was a minor at the time of the alleged incident, reported Live Law.

Also Read: SC asks Delhi HC to grant "out-of-turn" hearing in Unnao victim's father's death

He argued that this aspect required closer scrutiny while considering the conviction and the applicability of aggravated provisions under the Protection of Children from Sexual Offences Act.

CBI challenges HC view

Solicitor General Tushar Mehta, representing the CBI, strongly opposed the submission and argued that the High Court had erred in adopting what he described as an unduly narrow interpretation of the statute.

Also Read: 'Won't rest until he is hanged': Unnao rape survivor after SC judgement

He submitted that the conclusion that an MLA does not fall within the definition of a “public servant” under the POCSO framework was legally unsustainable and ran contrary to the object of the legislation.

Bench flags legal concern

Justice Bagchi appeared to agree with the prosecution's position, observing, "We are not endorsing the hypertechnical view taken by the High Court", while emphasising that the law was enacted to protect children from sexual abuse.

The Solicitor General further argued that an elected representative clearly occupies a position of authority and influence. Chief Justice Surya Kant, suggesting what he described as a practical course, observed that the High Court could be asked to revisit the issue instead of keeping the matter pending before the Supreme Court.