Unnao Rape Case: The Supreme Court on Monday set aside the Delhi High Court’s bail for Kuldeep Sengar, a former BJP MLA convicted in the 2017 Unnao rape case, legal news agency Bar and Bench reported.
The Supreme Court also issued a notice to Sengar on the CBI’s appeal against the High Court order.
“We have heard SG Mehta for the CBI and the seniors for the convict. We find that there are various serious legal queurons that arise. The objection will be filed within 4 weeks. We are aware of the fact that when he has been convicted or a trial has been issued, this court usually does not stay these orders without hearing such persons.” order.
The Central Bureau of Investigation (CBI) had approached the apex court against the Delhi High Court’s December 23 verdict, which stayed the life sentence awarded to Sengar by the trial court.
The three-person holiday benchChief Justice of India Surya Kantand Justices JK Maheshwari and Augustine George Masih heard the matter. “We stay the operation order of Delhi HC dated 23rd December, 2025 and therefore the respondent will not be released under the said order,” the CJI said, according to legal news website Bar and Bench.
Sengar was convicted by a Delhi court in December 2019 of offenses under the Indian Penal Code and the Protection of Children from Sexual Offenders Act (POCSO) and was sentenced to imprisonment for the remainder of his natural life.
The Supreme Court’s basis for discharging Sengar was a prima facie finding that the offense of aggravated penetrative sexual assault under the POCSO Act was not made out against him, the Bar and Bench said.
Section 5 of the POCSO Act lists the circumstances under which penetrative sexual assault on a child is considered aggravated penetrative sexual assault. Similarly, penetrative sexual assault becomes aggravated penetrative sexual assault if it is committed by a public servant or police officer on the premises of a police station or by a member of the armed forces or security forces or by an employee of a hospital or prison. Aggravated penetrative sexual assault carries a minimum sentence of 20 years in prison and can extend to life in prison.
Sengar was punished by the trial court for the said offense on the ground that he falls within the definition of a “public servant”.
However, the Supreme Court Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar held that he cannot be qualified as a public servant under Section 5(c). c) of the POCSO Act or section 376 paragraph 2 letter b) IPC.
The High Court further said that Sengar could not fall under the four counts of Section 5(p) of the POCSO Act, which punishes a person in a “position of trust or authority” for aggravated penetrative sexual assault.
This prompted the CBI to approach the apex court. The Central Agency argued before the Supreme Court that the Supreme Court erred when it ruled that the crime of aggravated penetrative sexual assault under § 5 letter (c) of the POCSO Act was not committed against Sengar on the ground that he was not a public servant.
(With inputs from Bar and Bench)
