Kuldeep Singh Sengar, Former MLA.
Unnao Rape Case Kuldeep Singh Sengar: New Delhi: The Central Bureau of Investigation (CBI) has approached the Supreme Court challenging the Delhi High Court’s decision to suspend the life sentence awarded to former Uttar Pradesh BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case involving a minor girl.
The agency has assailed the High Court’s order granting suspension of sentence and bail to Sengar under Section 389(1) of the Code of Criminal Procedure during the pendency of his criminal appeal. The Delhi High Court had passed the order on December 23.
Sengar was convicted in December 2019 by a Delhi trial court for rape and for the offence of aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. He was sentenced to imprisonment for the remainder of his natural life.
The case relates to the alleged kidnapping and rape of a minor girl by Sengar between June 11 and 20, 2017. The survivor was later allegedly sold for ₹60,000 and subsequently recovered from the Maakhi police station in Uttar Pradesh.
While awarding the maximum sentence, the trial court had observed that there were no mitigating circumstances in Sengar’s favour. It noted that as a public servant in a democratic set-up, he enjoyed the faith of the people, which he had betrayed, and that even a single act of such depravity was sufficient to warrant the harshest punishment.
Sengar’s appeal against the conviction is pending before the High Court. During the pendency of the appeal, he sought suspension of sentence, which was allowed on the basis of the High Court’s prima facie finding that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him.
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Section 5 of the POCSO Act specifies circumstances under which penetrative sexual assault is treated as “aggravated,” including when it is committed by a public servant, police officer, or a person in a position of trust or authority. Aggravated penetrative sexual assault carries a minimum sentence of 20 years’ imprisonment, extendable to life.
The trial court had held Sengar guilty of the aggravated offence on the ground that he fell within the definition of a “public servant.” However, a Division Bench of the Delhi High Court comprising 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 Indian Penal Code. The Bench further held that he did not fall within the scope of Section 5(p) of the POCSO Act, which applies to persons in a “position of trust or authority.”
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Challenging this reasoning, the CBI has contended before the Supreme Court that the High Court erred in law in holding that the offence of aggravated penetrative sexual assault was not made out against Sengar. According to the agency, a sitting MLA occupies a constitutional position of trust and authority and performs public duties in which the State and the community at large have a direct interest.
In its petition, the CBI has also expressed concern over the safety of the survivor and her family, stating that Sengar is an influential person and that his release during the pendency of the appeal could jeopardise their security and undermine public confidence in the justice delivery system.
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