The Supreme Court will take up on Monday the Central Bureau of Investigation’s appeal against a 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, along with Justice JK Maheshwari and Justice Augustine George Masih, has agreed to hear the matter on December 29.
The CBI has approached the apex court after the High Court granted bail to Sengar while his appeal against conviction is still pending.
One User Shubham Vats also tweeted on X that the Supreme Court will hear on Monday the CBI’s petition challenging the suspension of sentence granted to former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case.
CBI Says High Court Ignored Victim’s Rights
In its Special Leave Petition, the CBI argued that the High Court failed to take a victim-centric approach in a case involving the rape of a minor under the Protection of Children from Sexual Offences (POCSO) Act.
The agency said the High Court wrongly held that the harsher punishment provisions under Section 5(c) of POCSO and Section 376(2) of the Indian Penal Code did not apply to Sengar because he could not be treated as a “public servant.”
Based on this interpretation, the High Court suspended his life sentence.
CBI Says Ruling Weakens Child Protection Law
The CBI strongly opposed this reasoning, saying that it weakens the purpose of the POCSO Act.
The agency argued that excluding an elected MLA from the definition of “public servant” goes against the law’s intent, which is to punish crimes more severely when there is abuse of power or authority.
According to the CBI, POCSO is a special welfare law meant to protect children, and it must be interpreted in a way that strengthens safeguards for minors rather than limiting them through technical readings.
Suspension of Life Sentence Must Be Rare, Says CBI
The agency also told the Supreme Court that the High Court ignored the seriousness of the crime and the settled legal principles on suspending life sentences.
It said that long imprisonment alone cannot be a reason to grant bail in cases involving brutal crimes such as the rape of a child.
Referring to Supreme Court rulings, the CBI said suspension of sentence in life imprisonment cases is allowed only in rare and exceptional situations.
Survivor’s Safety a Major Concern
The CBI also raised concerns about the safety of the survivor.
It warned that Sengar’s release could pose a serious threat because of his past conduct and political power.
The agency said granting bail to a powerful convict in such a sensitive case damages public trust in the justice system and sends a dangerous message in cases involving sexual violence against children.
About the Unnao Case
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 caused nationwide outrage, with the survivor and her family claiming they were repeatedly threatened and harassed.
In 2020, Sengar was also given a separate 10-year jail term for his role in the custodial death of the survivor’s father.
Several related cases were investigated by the CBI on the orders of the Supreme Court.