Today, On 15th January, The victim has moved the Delhi High Court seeking to lead further evidence and examine two prosecution witnesses in the 2017 case against BJP MLA Kuldeep Singh Sengar. She also wants to place date of birth documents on record.
New Delhi: The Delhi High Court heard an important development in the 2017 case involving Ex-BJP MLA Kuldeep Singh Sengar. The victim has filed an application before the court asking for permission to bring additional evidence on record.
She has also requested that two prosecution witnesses be examined again and that her date-of-birth documents be officially placed before the court.
The matter was heard by the Division Bench of Justices Prathiba M. Singh and Madhu Jain, which is currently dealing with Sengar’s appeal challenging his conviction in the case.
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During the hearing, the Central Bureau of Investigation informed the court that the Supreme Court has intervened in the matter.
The CBI told the bench that,
“Supreme court has stayed the suspension of sentence granted by High Court and the matter is listed before the Apex Court on Jan 20.”
Previously, The Central Bureau of Investigation (CBI) appealed to the Supreme Court against the Delhi High Court’s decision to suspend the life sentence of Kuldeep Singh Sengar, a former Uttar Pradesh BJP MLA, in the 2017 Unnao rape case involving a minor girl.
The CBI contest the High Court’s ruling, which suspended Sengar’s sentence under Section 389(1) of the Code of Criminal Procedure while his criminal appeal is still pending.
Earlier, On December 23, the Delhi High Court suspended Sengar’s sentence in relation to the 2017 case. The survivor, a minor, was reportedly kidnapped and raped by Sengar between June 11 and June 20, 2017, after which she was sold for Rs.60,000 before being recovered at the Maakhi police station.
According to Section 5 of the POCSO Act, the definition of aggravated penetrative sexual assault includes offenses committed by public servants, police officers, or others in trusted positions.
The trial court labelled Sengar as a public servant under this definition.
In its appeal to the Supreme Court, the CBI asserts that the High Court made a legal error by ruling that aggravated penetrative sexual assault under Section 5(c) of the POCSO Act was not established in Sengar’s case.
The CBI argues that a sitting MLA holds a constitutional position of trust and authority, responsible for public duties that impact both the State and the community.
According to the petition,
“High Court failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate, and that such position carries heightened responsibility arising from duties owed to the State and society.”
The CBI further claims that the High Court did not apply a purposive interpretation of the POCSO Act, aimed at protecting children from sexual offenses.
They assert that Section 5(c) is designed to penalize the sexual exploitation of minors by individuals who abuse their positions of power or authority.
Earlier, The survivor also alleged political interference in the case, claiming that influential leaders backed Sengar and asserting that powerful interests played a role in the outcome. She said she would approach the Supreme Court seeking justice.
She further accused Delhi Police of using force during a recent protest near India Gate, alleging that she and her family were prevented from holding a dharna and that she was mishandled despite her medical condition. She also claimed that activist Yogita Bhayana, who accompanied her, was detained and later released.
The survivor’s mother expressed serious concerns over their safety, alleging repeated attacks on the family in the past and claiming that their security cover had been withdrawn. She said the family feared further harm following Sengar’s release on bail and expressed a loss of faith in the Delhi High Court’s decision.
Background
The Unnao rape case has been marked by a series of tragic and controversial incidents involving the survivor’s family:
- April 2018: The survivor’s father was arrested under the Arms Act after an alleged complaint by Sengar’s associates. He later died in police custody. A post-mortem revealed 14 injuries on his body.
- July 2019: A day after the survivor wrote to the then Chief Justice of India seeking justice, a truck rammed into the car carrying her and her lawyer. Two of her aunts were killed in the crash. The survivor and her lawyer were seriously injured, and the lawyer later died.
- December 2019: Kuldeep Singh Sengar was convicted and sentenced to life imprisonment by a trial court.
The case dates back to 2017, when Sengar, who was later expelled from the BJP, allegedly kidnapped and raped a minor girl. In 2019, the Supreme Court transferred the rape case and related cases from a trial court in Uttar Pradesh to Delhi for impartial proceedings.
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