The Supreme Court on Friday set aside the Delhi High Court order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case and sent the matter back to the High Court for fresh consideration.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi partly allowed an appeal filed by the Central Bureau of Investigation. The court asked the High Court either to decide Sengar’s appeal against conviction within three months or pass a fresh order on his plea seeking suspension of sentence.
The Supreme Court had stayed the High Court’s order in December last year after the CBI challenged the decision granting Sengar bail during the pendency of his appeal. The High Court order had triggered public outrage.
During the hearing, senior advocate N Hariharan, appearing for Sengar, argued that there was strong evidence suggesting the prosecutor was not a minor at the time of the incident. Solicitor General Tushar Mehta, appearing for the CBI, opposed the submission and argued that the High Court erred in holding that an MLA was not a “public servant” under the POCSO Act.
Justice Bagchi agreed with the CBI’s objection and said the court was not endorsing the “hypertechnical view” taken by the High Court. Mehta argued that an MLA holds a dominant position and that the POCSO Act was enacted to protect children.
The High Court had earlier held that aggravated offence provisions under the POCSO Act and IPC were not applicable because Sengar could not be treated as a public servant under those provisions.
The CBI argued that the interpretation weakened protections under the POCSO Act and ignored the seriousness of the offence. It also raised concerns about the safety of the victim and the influence wielded by Sengar.
Sengar was convicted in 2019 by a special CBI court for raping a minor.