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The CBI moved the apex court against the High Court’s decision to suspend Sengar’s sentence and grant him bail during the pendency of his appeal against conviction.
Kuldeep Singh Sengar. (File image)
The Supreme Court will hear on Monday the Central Bureau of Investigation’s plea challenging the Delhi High Court order that suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
A three-judge bench led by Chief Justice of India Surya Kant, and comprising Justice JK Maheshwari and Justice Augustine George Masih, has agreed to take up the matter. The hearing is scheduled for December 29.
The CBI has moved the apex court against the High Court’s decision to suspend Sengar’s sentence and grant him bail during the pendency of his appeal against conviction.
In its Special Leave Petition, the agency has argued that the High Court failed to adopt a victim-centric approach while dealing with a case involving the rape of a minor under the Protection of Children from Sexual Offences (POCSO) Act.
Earlier this week, the Delhi High Court had held that the aggravated offence provisions under Section 5(c) of the POCSO Act and Section 376(2) of the Indian Penal Code were not attracted in Sengar’s case, reasoning that he could not be classified as a “public servant” under those provisions.
On that basis, the court proceeded to suspend his life sentence.
Challenging this reasoning, the CBI has contended that the High Court’s interpretation significantly weakens the protective framework of the POCSO Act.
The agency argued that treating an elected MLA as falling outside the scope of “public servant” defeats the very objective of the statute, which seeks to address sexual offences against children by factoring in abuse of authority as an aggravating circumstance.
The CBI has further submitted that POCSO is a special welfare legislation and must be interpreted purposively to strengthen safeguards for minors, rather than narrowing their scope through technical interpretations.
It said the High Court overlooked the gravity of the offence and the settled legal position governing suspension of life sentences.
The agency also argued that prolonged incarceration cannot, by itself, justify suspension of sentence in cases involving heinous crimes such as the rape of a minor.
Citing Supreme Court precedents, the CBI said suspension of sentence in life imprisonment cases is an exception and can be granted only in rare and compelling circumstances.
Flagging concerns over the survivor’s safety, the CBI told the court that Sengar’s release poses a serious threat given his past conduct and political influence.
It warned that granting bail to a powerful convict in such a case undermines public confidence in the criminal justice system and sends a disturbing signal in cases of sexual violence against children.
Kuldeep 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.
The case had triggered nationwide outrage, with the survivor and her family alleging sustained intimidation and harassment.
Sengar is also serving a separate 10-year sentence imposed in 2020 in connection with the custodial death of the survivor’s father. Several related cases were investigated by the CBI on the directions of the Supreme Court.
December 27, 2025, 10:07 pm IST
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