The Supreme Court on Monday stayed the Delhi High Court order suspending the life sentence of former BJP leader, Kuldeep Singh Sengar, accused in the 2017 Unnao rape case.
A vacation bench comprising Chief Justice Surya Kant, and Justices J K Maheshwari and Augustine George Masih ordered legal aid for the survivor, while also issuing a notice to Sengar seeking his response on the CBI’s plea challenging the high court order.
Solicitor General Tushar Mehta had appeared for the CBI and urged the bench to stay the high court order. He also argued that Sengar was in a position of dominance and found guilty under POCSO (Protection of Children against Sexual Offences Act) and of killing the victim’s father.
The bench observed that substantial questions of law arise for consideration in the matter, including ambiguity on the definition of ‘public servant’ under the POCSO. While a patwari or police constable could be convicted under Section 6 of the POCSO, an MLA would not be considered a public servant, it noted.
Also Read: SC to hear CBI’s plea against Sengar’s bail on December 29
It said Sengar shall not be released from custody following the high court’s December 23 order, and posted the matter for hearing after four weeks.
The Delhi High Court had suspended the jail term of Sengar, who was serving life imprisonment in the Unnao rape case, saying he had already served seven years and five months in prison. The life conviction was suspended till the pendency of his appeal challenging his conviction and sentence in a December 2019 trial verdict in the rape case.
Sengar remains in jail as he serves 10 years’ imprisonment in the custodial death case of the victim’s father, for which bail has not been granted to him.
The rape case and other connected cases were transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.
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