The CBI has moved the Supreme Court challenging the bail granted to Kuldeep Singh Sengar in the Unnao rape case. It argued his release would jeopardise the victim’s security and undermine public confidence in the justice delivery system.
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.
In December 2019, Sengar was convicted by a trial court and sentenced to life imprisonment for rape and aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act).
The trial court noted that there were no mitigating factors and emphasized that, as a public servant in a democratic society, Sengar betrayed the trust of the people.
ALSO READ: Supreme Court Orders Delhi Govt to Report on Threat to Unnao Rape Victim’s Mother
While his appeal is still ongoing, Sengar sought suspension of his sentence and bail, which the High Court granted on December 23. The suspension was based on the Court’s preliminary finding that the charge of aggravated penetrative sexual assault under the POCSO Act was not applicable in his case.
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.
However, the High Court’s Division Bench, consisting of Justices Subramonium Prasad and Harish Vaidynathan Shankar, concluded that Sengar did not qualify as a public servant under Section 5(c) of the POCSO Act or Section 376(2)(b) of the Indian Penal Code (IPC).
The Court ruled that Sengar did not fit within the provisions of Section 5(p) of the POCSO Act, which addresses offenses committed by individuals “in a position of trust or authority.”
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.
Regarding the suspension of the sentence, the CBI maintains that in cases involving life sentences for serious offenses, long periods of incarceration alone should not dictate the granting of bail.
They cite established legal precedent that post-conviction sentence suspension should be an exception, particularly in cases involving sexual offenses against minors.
Additionally, the CBI has expressed concerns for the safety of the survivor and her family, indicating that Sengar’s influential status could threaten their security and undermine public faith in the justice system.
Previously, The Unnao rape case survivor has announced that she will move the Supreme Court to challenge the Delhi High Court’s order granting conditional bail to convict Kuldeep Singh Sengar.
Reacting to the decision, the survivor said the judgment had deeply shaken her faith in the justice system. She stated that the ruling left her emotionally devastated but reaffirmed her resolve to continue fighting for justice for the sake of her children and family.
Questioning the fairness of the legal process, she pointed out that her uncle remains in jail despite repeated bail pleas in a case she alleges was falsely lodged by Sengar’s brother, while Sengar himself has been granted bail. She claimed the decision reflected the influence of power and money.
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.
Click Here to Read Previous Reports on Unnao Rape
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
