2017 Unnao Rape Case: Supreme Court Stays Delhi HC Bail Order, Rapist Kuldeep Singh Sengar To Be In Jail

New Delhi: The Supreme Court on Monday decided to stay the Delhi HC order that suspended the life sentence awarded to rape convict former Uttar Pradesh BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The three-judge vacation bench of the apex court was hearing the Central Bureau of Investigation’s (CBI) plea challenging the Delhi High Court order. The bench was led by Chief Justice of India (CJI) Surya Kant, along with Justices JK Maheshwari and Augustine George Masih.

The courtroom witnessed heavy attendance as the matter was taken up, while protests broke out outside the Supreme Court ahead of the hearing. Several women protesters were detained by the police. Security was heightened around the apex court.

‘Horrific Rape of a Child’: SG Tushar Mehta Raises ‘Aggravated Sexual Assault’ Point 

Appearing for the CBI before a packed Supreme Court courtroom, Solicitor General Tushar Mehta told the vacation bench that the Unnao case is a ‘horrific case of rape of a child’, in which charges were framed under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act, and the agency has proved the accused’s guilt ‘beyond doubt’. 

Solicitor General Mehta said that the conviction rests on two counts, all clearly reflected in the trial court’s conviction order, and pointed out that there is a recorded finding that the victim was below 16 years of age (15 years and 10 months) at the time of the offence. 

Stressing that there is ‘no doubt' at all about the trial court’s findings, Tushar Mehta explained that Kuldeep Singh Sengar was convicted and the provision has two parts. “376 has two parts. He is convicted under rape, which is 375. Then rape by someone who enjoys a dominant position...then minimum prison sentence is 20 years or can extend to the biological life,” the Solicitor General said. “It has been amended now which says minimum is 20 years,” he said. 

Mehta argued that the High Court had ‘gone wrong on a few counts’, particularly in its prima facie view on aggravated sexual assault, and urged the apex court to intervene while hearing the CBI’s challenge to the suspension of Sengar’s life sentence.

Survivor Wins: Rapist Kuldeep Sengar Won't Be Released

In a significant moment of justice for the survivor and her family, the Supreme Court on Monday stayed the Delhi High Court order suspending the life sentence of Unnao rape convict Kuldeep Singh Sengar. Emphasising the gravity of the case and the larger legal questions involved, Chief Justice of India Justice Surya Kant acknowledged that even the finest judges are not immune to error. 

"We are worried that a constable shall be a public servant under the act but a member of legislative will be excluded!, the Chief Justice of India said. 

“We have heard SG Mehta for CBI and seniors for the convict. We find that there are various substantial questions of law that arise. Counter to be filed in 4 weeks. We are conscious of the fact that when convict or undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts where convict is convicted for a separate offence, we stay operation of Delhi High Court order dated December 23, 2025. Thus respondent (Sengar) shall not be released pursuant to the said order,” Chief Justice of India Surya Kant added.

2017 Unnao Rape Case And How Did Kuldeep Sengar Get Bail? 

Former BJP MLA Kuldeep Sengar was convicted in December 2019 by a Delhi trial court for raping a minor girl in Uttar Pradesh’s Unnao district. He was found guilty of offences under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act and was sentenced to life imprisonment.

The Delhi High Court had suspended his sentence on the prima facie finding that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him. Under Section 5 of the POCSO Act, penetrative sexual assault is considered ‘aggravated’ if committed by a public servant or a person in a position of trust or authority, attracting a minimum punishment of 20 years that may extend to life imprisonment.

The trial court had held that Sengar, being a sitting MLA at the time, fell within the definition of a ‘public servant’ and therefore convicted him for aggravated penetrative sexual assault. However, the High Court Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar ruled that Sengar could not be categorised as a public servant under Section 5(c) of the POCSO Act or Section 376(2)(b) of the IPC. The court further held that he did not fall within the scope of Section 5(p) of the POCSO Act, which applies to a person in a ‘position of trust or authority’. 

Challenging this, the CBI has argued before the Supreme Court that the High Court erred in holding that the aggravated offence was not made out merely because Sengar was not considered a public servant. According to the investigative agency, a sitting MLA occupies a constitutional position of trust and authority and performs public duties in which the State and society at large have a direct interest.

The CBI has also raised serious concerns over the safety of the survivor and her family. It told the apex court that Sengar is an influential individual and that his release during the pendency of the appeal could endanger the survivor, undermine public confidence in the justice delivery system, and affect the fairness of the proceedings.

'Fear For My Life... I Am Next': Unnao Rape Survivor 

Following the Delhi High Court’s order suspending Sengar’s sentence and granting him bail on a personal bond of Rs 15 lakh with three sureties, the survivor and her mother staged protests in Delhi. The survivor has repeatedly expressed fear for her life, saying that members of her family were killed even while Sengar was in jail. She has questioned the timing of the bail order, alleging it was influenced by upcoming elections, and has said that she has full faith in the Supreme Court. “Father killed, aunts killed, I am next,” she said, adding that she would continue her legal battle.

The survivor in an exclusive conversation with Republic TV said that she fears for her life now following Sengar's bail. She added, "Kal meri security withdraw ki jaegi. Mai to fir kahi ki bhi nahi rahungi...jaan ka khatra lifetime tak bana hai".

Women’s rights activists, including Yogita Bhayana, and Congress workers also held protests outside the Supreme Court on Monday morning ahead of the hearing, demanding justice for the survivor. 

On Sunday, the survivor appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure her safety so she could pursue her case without fear. Speaking at a protest organised by the All India Progressive Women Association, she alleged that Sengar had bribed officials and said that her family and witnesses were under threat. “I have faith that I will get justice in the Supreme Court,” she said.