Supreme Court Takes on Unnao Rape Case: CBI Challenges Suspension of Kuldeep Sengar’s Sentence

New Delhi: Agitators, including women activists, stage a protest against the suspension of the jail term of Kuldeep Sengar, a former BJP MLA convicted in the Unnao rape case, outside the Delhi High Court. (PTI Photo/Salman Ali)

CBI Files Special Leave Petition

New Delhi: On Friday, the Central Bureau of Investigation (CBI) filed a Special Leave Petition (SLP) in the Supreme Court contesting the Delhi High Court’s decision to suspend the life sentence of former BJP MLA and Unnao rape convict Kuldeep Singh Sengar.

According to a CBI spokesperson, this action was taken after a thorough review of the High Court’s division bench order.

Public Outrage and Protests

The CBI’s move follows widespread public outrage after the High Court granted relief to Sengar, prompting protests from the survivor and her mother. The survivor of the June 2017 crime had already indicated her intention to appeal to the Supreme Court.

High Court’s Order Details

On Tuesday, a division bench comprised of Justices Subramonium Prasad and Harish Vaidyanathan Shankar ordered the suspension of Sengar’s sentence during the pendency of his appeal against conviction and life imprisonment. This suspension is contingent upon Sengar providing a bail bond of ₹15 lakh.

Conditions Imposed on Kuldeep Sengar

While granting bail, the court imposed strict conditions, including:

• Prohibition from entering a five-kilometer radius of the survivor’s residence in Delhi.
• Requirement to remain in the national capital.
• Prohibition on any contact with the victim or her family members.

Legal Arguments Presented

Senior advocate N Hariharan and advocate SP Tripathi represented Sengar, arguing that he was not a public servant at the time of the offence. They raised concerns about alleged discrepancies in the documents concerning the survivor’s age, suggesting that medical evidence should be considered.

Survivor’s Concerns and Opposition

Countering Sengar’s bail plea, advocate Mehmood Pracha, representing the survivor, highlighted that the victim had faced "serious threats" to her life in the past. He pointed out that she had received security that was later revoked and mentioned that her father had been assaulted in police custody, ultimately dying from his injuries—a conviction in which Sengar was separately implicated.

Current Status of Kuldeep Sengar

As of now, the former MLA remains in judicial custody, having not been granted bail in connection with another case where he was sentenced to ten years’ imprisonment. He has filed appeals regarding his conviction in that matter as well.

Background of the Investigation

The Uttar Pradesh government transferred the investigation to the CBI in April 2018. In August 2019, to ensure a fair and speedy trial, the Supreme Court moved the case and all related proceedings from Uttar Pradesh to Delhi. Sengar was ultimately convicted and sentenced in December 2019.

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