Unnao rape case accused and former BJP MLA Kuldeep Singh Sengar. File | Photo credit: The Hindu
The Supreme Court on Friday (May 14, 2026) set aside the Delhi High Court’s order granting bail and suspending the sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
“Deferral of Sentence” Act
Supreme Court of India Justices Surya Kant and Joymalya Bagchi have asked the Supreme Court to decide the issue of suspension of Sengara’s sentence again, preferably before the summer vacation of the courts begins in June.
The court initially ordered that the Supreme Court finally hear and decide Sengar’s appeal against his conviction as soon as possible or within two months, and if that is not possible, then consider an application for a stay of execution.
However, the Supreme Court changed the order on the basis of senior advocate N. Hariharan’s submission that the court should first consider the request for stay of execution of the sentence. Mr Hariharan expressed skepticism about getting an early decision on the appeal, saying he had already argued it “five times” with almost no progress.
The court said the high court must hear all parties, including the legal representative of the survivor, on the issue of a suspended sentence.
Refraining from any comment on the merits of the case against Sengar, the bench said the decision on the stay of execution application has to be taken by the High Court without being affected by its earlier order in the matter.
The Supreme Court had in December last year stayed the earlier order of the High Court suspending the jail term and granting bail to the expelled BJP leader.
The prosecution’s version was that the survivor, then a minor, was sexually assaulted at the former MLA residence in 2017 on the false pretext of providing her with a job. The CBI, which investigated the case, demanded justice for the survivors, saying “we are responsible to a child who was just 15 years old when this horrible crime happened to her”.
Mr. Hariharan told the apex court that the deceased was not a minor at the time.
Supreme Court suspends Sengar’s sentence, asks why MLA not ‘public servant’ under POCSO Act
The Supreme Court pointed to the “unique circumstances” of the case, including the fact that Sengar was separately found guilty of the custodial death of the surviving father.
The Supreme Court had previously decided to examine the broader legal question of why Sengar was not charged with “external sexual assault by a public official”, which was punishable by life imprisonment under Section 5(a). c) the Act on the Protection of Children from Sexual Offenses (POCSO).
In fact, Sengar had earlier obtained relief from the High Court on the grounds that the MLA could not be classified as a “public servant” or in a position of dominance, which would put his crime in the more serious category of “aggravated sexual assault”.
Justice Bagchi orally observed that the Supreme Court had adopted a “hyper-technical approach”.
Published – May 15, 2026 12:29 PM IST
