Supreme Court to Hear CBI Plea Against Kuldeep Sengar Life Sentence Suspension
Supreme Court to hear CBI challenge to suspended rape conviction.
The Supreme Court is scheduled to hear a plea from the Central Bureau of Investigation (CBI) on Monday, contesting the Delhi High Court's decision to suspend the life imprisonment of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case. This development follows the high court's order granting interim relief to Sengar, who was convicted for the rape of a minor. The CBI's appeal emphasizes the need to uphold stringent interpretations of relevant laws.
A three-judge vacation bench, comprising Chief Justice of India Surya Kant and Justices JK Maheshwari and Augustine George Masih, will preside over the matter. In addition to the CBI's petition, the court will consider a separate challenge filed by advocates Anjale Patel and Pooja Shilpkar, who seek an immediate stay on the high court's suspension order. These proceedings highlight ongoing legal scrutiny of the case.
The CBI argues that the high court erred in ruling that Sengar, a sitting MLA at the time of the offense, did not qualify as a public servant under the Protection of Children from Sexual Offences (POCSO) Act. Citing the Supreme Court's precedent in the LK Advani case, the agency asserts that elected representatives hold positions of public trust and authority. It contends that a purposive interpretation of the POCSO Act is essential to protect societal interests.
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On December 23, the Delhi High Court suspended Sengar's life sentence during the pendency of his appeal against the 2019 trial court conviction, noting he had already served over seven years in custody. While imposing conditions such as a Rs 15 lakh personal bond and three sureties, the court barred him from approaching within 5 km of the survivor's Delhi residence or threatening her family. Any violation could result in bail revocation, though Sengar remains incarcerated due to a separate 10-year sentence in the custodial death case of the victim's father.
The Unnao rape case, along with related matters, was transferred from Uttar Pradesh to Delhi courts in August 2019 following Supreme Court directives. Sengar has also appealed his conviction in the custodial death case, requesting sentence suspension based on time served. These interconnected legal battles continue to draw attention to issues of justice and accountability in high-profile crimes.
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