In a significant turn in the 2017 Unnao rape case, the Supreme Court of India on Monday stayed a Delhi High Court order that had suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar. The apex court’s intervention came on a plea filed by the Central Bureau of Investigation, which had challenged the grant of bail to Sengar.
The Supreme Court made it clear that Sengar will not be released from prison, noting that he is also lodged in jail in connection with another case. It stayed the High Court’s order while issuing notice to Sengar on the CBI’s appeal.
A vacation bench headed by Chief Justice of India Surya Kant, along with Justices JK Maheshwari and Augustine George Masih, observed that the CBI’s plea raised substantial questions of law that require consideration.
Reacting to the order, the survivor said she was relieved but resolved to continue her fight. “I am very happy with this decision. I will keep fighting this battle. Only when he is given the death penalty will our family feel that justice has been done,” she said.
The CBI had moved the Supreme Court through a Special Leave Petition against the Delhi High Court’s December 23 order, which had suspended Sengar’s life sentence and granted him bail while his appeal against conviction is pending. The agency questioned both the legal reasoning and the broader implications of the High Court’s decision.
‘Strong message from the top court’, say victim’s lawyers
Welcoming the Supreme Court’s intervention, advocate Hemant Kumar Maurya, who represents the survivor, said the order sends a clear signal that the accused will not walk free. He said the family had been living in fear, apprehending threats if Sengar were released.
Maurya also claimed that pressure was being exerted on the survivor’s family, including alleged attempts to financially harass her uncle and difficulties faced by a minor family member in securing school admission.
Women’s rights activist Yogita Bhayana described the order as reassuring and said it reinforces faith in the justice system. “This sends a message to women and girls across the country that they will be heard and protected,” she said.
Why the CBI has challenged Kuldeep Sengar’s bail
In its petition, the CBI had argued that the High Court’s order weakens the protection guaranteed under the Protection of Children from Sexual Offences (POCSO) Act. The agency said the decision is legally flawed, given the seriousness of the crime and settled principles governing the suspension of life sentences.
The High Court had earlier held that the stricter provisions of POCSO and Section 376(2) of the Indian Penal Code were not applicable, reasoning that Sengar could not be treated as a “public servant” under these provisions. On that basis, his sentence was suspended and bail granted, subject to conditions, pending disposal of his appeal.
The CBI strongly contested this reasoning, arguing that excluding an elected representative from the definition of “public servant” defeats the purpose of a law meant to protect children from abuse of power.
CBI flags risks to victim safety and public confidence
The agency told the Supreme Court that POCSO is welfare legislation and must be interpreted in a manner that strengthens safeguards for child victims. It said that a narrow reading of the law undermines its intent rather than advancing it.
The CBI also argued that the length of time spent in custody cannot, by itself, justify suspending a life sentence in cases involving heinous crimes such as the rape of a minor. Citing past Supreme Court rulings, it said suspension of sentence in life imprisonment cases is meant to be an exception, allowed only in rare and compelling circumstances.
Raising concerns over the survivor’s safety, the agency warned that Sengar’s release carries a real risk given his past conduct and influence. It said granting bail in such cases could erode public confidence in the criminal justice system and send a troubling signal in matters involving sexual violence against children.
Background of the Unnao rape case
Kuldeep Singh Sengar was convicted in December 2019 by a special CBI court for raping a minor girl in Unnao district of Uttar Pradesh. As a result, he was sentenced to life in prison. A fine of Rs 25 lakh was also imposed on him. In January 2020, Sengar filed an appeal against his conviction before the Delhi High Court. He sought suspension of sentence in March 2022.
Notably, both the CBI as well as survivor opposed the plea for suspension through their respective counsel. Despite this, the High Court granted bail earlier this month.
However, Sengar continues to remain in jail, as he is also serving a separate 10-year sentence awarded in 2020 in a CBI case related to the culpable homicide of the survivor’s father.