Unnao Rape Case: SC Sets Aside Suspension of Kuldeep Sengar’s Sentence

New Delhi: The Supreme Court on Friday set aside the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case. 

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi partly allowed the appeal filed by the Central Bureau of Investigation (CBI) and directed the High Court to reconsider the matter afresh.

The top court also asked the Delhi High Court to either decide Sengar’s main appeal against conviction within two months or pass a fresh order on his plea seeking suspension of sentence.

During the hearing, the Supreme Court raised concerns over the Delhi High Court’s interpretation regarding whether an MLA could be treated as a “public servant” under provisions of the Protection of Children from Sexual Offences (POCSO) Act.

Justice Joymalya Bagchi observed that the apex court did not agree with what it termed the High Court’s “hyper-technical” conclusion that an MLA cannot be considered a public servant under the law.

However, the Supreme Court clarified that it was not expressing any opinion on the merits of the criminal appeal itself.

The apex court also directed that the Delhi High Court should conclude hearings in the main appeal within two months.

The bench further stated that if the appeal could not be heard within the stipulated timeline, the High Court must pass a fresh order regarding Sengar’s plea for suspension of sentence.

Chief Justice Surya Kant remarked during proceedings that the High Court’s earlier order was not being declared entirely incorrect at this stage, but certain important legal questions required a more detailed examination.

What is the Unnao Rape Case? 

The case dates back to June 2017, when a 17-year-old girl from Unnao was allegedly lured to Sengar’s residence on the pretext of a job by the neighbour and distant relative named Shashi Singh. According to the survivor, Sengar raped her while threats were issued to silence her.

The survivor further alleged that she was abducted again days later, held captive for over a week, gang-raped, and later sold to another man for ₹60,000.

Self-immolation attempt and national outcry

On April 8, 2018, a day before her father succumbed to injuries sustained in police custody, the survivor attempted self-immolation outside the Uttar Pradesh Chief Minister’s residence in Lucknow. The incident drew nationwide attention, following which the probe was handed over to the CBI. Sengar was arrested on April 13, 2018.

2019 crash and Supreme Court intervention

In July 2019, while Sengar was in jail, a vehicle carrying the survivor, her lawyer, and two relatives was hit by a speeding truck in Rae Bareli. The two relatives were killed, and the survivor sustained critical injuries.

Following the incident and allegations of threats, the Supreme Court transferred all related cases to a special court in Delhi for a day-to-day trial and ordered central security cover for the survivor.

Conviction and subsequent legal developments

Sengar was convicted and sentenced to life imprisonment in 2019. Over the years, he has been granted interim bail on multiple occasions, including for his daughter’s wedding and medical treatment at AIIMS. The December 23 order suspending his life sentence marks a significant turn in a case that came to symbolise a survivor’s battle against political influence.