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NEW DELHI: The CBI has filed a special leave petition in the Supreme Court against the recent order of the Delhi High Court, which suspended the sentence of expelled BJP ex-MLA Kuldeep Singh Sengar in the Unnao rape case.
Request for Immediate Stay
The probe agency is seeking an immediate stay on the relief granted to Sengar, arguing against his release while his appeal against conviction and life sentence is pending.
High Court Findings on Public Servant Status
A division bench of the High Court stated in its Tuesday order that the trial court erred in defining Sengar as a “public servant.” The bench ruled that an MLA does not fall under this designation either under the Pocso Act or the Indian Penal Code (IPC), thereby arguing that Sengar’s actions did not meet the criteria stipulated in Section 5 of the Pocso Act.
Background of the Case
The trial court convicted Sengar in December 2019 for the rape of a minor in Unnao in 2017, sentencing him to life imprisonment and imposing a fine of Rs 25 lakh. Following this, in January 2020, Sengar appealed his conviction in the Delhi High Court and subsequently sought a suspension of his sentence in March 2022.
Opposition to Relief from CBI and Survivor
Throughout the proceedings, both the CBI and the survivor opposed any form of relief to Sengar, citing the severity of the crime and the potential threats to the complainant and witnesses. Despite these concerns, the High Court bench granted him bail on December 23, subject to certain conditions.
Continued Legal Challenges
It is important to note that the order does not grant immediate freedom to the former lawmaker, who is already serving a 10-year sentence in connection with the custodial death of the rape survivor’s father.
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