BREAKING | Supreme Court to Hear CBI Plea Against Suspension of Kuldeep Sengar’s Life Sentence on Dec 29

New Delhi: New Delhi: The Supreme Court will hear on Monday, December 29, a petition filed by the Central Bureau of Investigation (CBI) challenging the Delhi High Court’s order granting bail to former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case.

CBI Challenges Suspension of Life Sentence

The High Court's decision to suspend Sengar's life sentence and release him on bail while his appeal against conviction is pending has been challenged by the CBI in a Special Leave Petition to the Supreme Court.

The Delhi High Court ruled earlier this week that Sengar's case was exempt from the aggravated crime provisions under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act and Section 376(2) of the Indian Penal Code. The court deferred Sengar's sentence after observing that he could not be classified as a "public servant" under these rules.

CBI’s Objections

The CBI said in its petition that, considering the gravity of the offense, the High Court's ruling is legally unsustainable and undermines the POCSO Act, 2012's protection framework. The agency vehemently disagreed with the conclusion that, for the purposes of Section 5(c) of the POCSO Act, an MLA is not a "public servant."

The CBI claims that such a limited interpretation undermines the law's goal, which is to recognize abuse of authority as an aggravating element and give children better protection.

Despite the fact that the case involved the sexual assault of a minor, the CBI argued that the High Court did not adopt a purposive reading of the POCSO Act. It said that because POCSO is a unique welfare law, its provisions should be read to enhance rather than restrict children's protections.

Suspension of Life Sentence Questioned

​​Challenging the suspension of sentence, the CBI stated that long imprisonment alone cannot justify suspension of a life sentence in cases involving heinous crimes such as rape of a minor. According to the agency, the Supreme Court has often ruled that suspension of sentence in cases involving life in prison is an exception that can only be given in extremely unusual and compelling circumstances.

The petition emphasized the need of taking into account the seriousness of the crime, the accused's role, the method in which it was committed, and any potential risks to the victim and witnesses by citing Supreme Court precedents. It claimed that these factors were not sufficiently considered by the High Court.

Concerns regarding the survivor's safety were also voiced by the CBI, who claimed that Sengar's release would be extremely dangerous given his previous behavior and power. It contended that in such cases, postponing a powerful convict's sentence could erode public trust in the criminal justice system.

Case Background

Kuldeep Singh Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao district of Uttar Pradesh and was sentenced to life imprisonment. Due to the survivor's and her family's allegations of persistent harassment and intimidation by Sengar and his associates, the case garnered national attention. On the Supreme Court's orders, the CBI looked into a number of similar incidents, including assaults on the survivor's relatives.

In addition, Sengar is currently serving a separate 10-year sentence that was given in 2020 in connection with the survivor's father's custodial death.