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Unnao rape case: Supreme Court to hear CBI plea against Kuldeep Singh Sengar's sentence suspension today
A three-judge vacation bench of Chief Justice of India Surya Kant and justices JK Maheshwari and Augustine George Masih is likely to hear the matter
The Supreme Court will hear on Monday a plea by the Central Bureau of Investigation (CBI) challenging the Delhi high court order suspending the life sentence of expelled former BJP MLA Kuldeep Singh Sengar in the Unnao rape case.
According to the cause list, a three-judge vacation bench of Chief Justice of India Surya Kant and justices JK Maheshwari and Augustine George Masih is likely to hear the matter, PTI reported.
The top court would also hear a separate petition filed by advocates Anjale Patel and Pooja Shilpkar, which challenges the high court order and seeks a stay on it.
What did the CBI say in the appeal?
The CBI, in its appeal before the apex court, referred to its verdict in the L.K. Advani case, in which it held that anyone who holds public office, such as MPs or MLAs, would be deemed a public servant. The agency has contended that the high court erred by declaring that Kuldeep Singh Sengar, an MLA at the time the offence was committed, was not a public servant to be prosecuted under POCSO and granted him bail.
"The 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 a position carries heightened responsibility arising from duties owed to the state and society," the CBI said in the appeal.
"It has erred in law by failing to adopt a purposive interpretation that advances the object and intent of the POCSO Act," the CBI said.
The Delhi high court order
The Delhi high court on December 23 suspended the jail term of Kuldeep Singh Sengar, who is serving life imprisonment in the Unnao rape case, saying he has already served seven years and five months in prison.
Sengar's sentence has been suspended by the high court till the pendency of his appeal challenging his conviction and sentence in the rape case.
The ex-MLA has challenged a December 2019 trial court verdict in the case. He will, however, remain in jail since he is also serving 10 years' imprisonment in the custodial death case of the victim's father and has not been granted bail in that case.
Imposing several conditions, the high court imposed several restrictions on Sengar, who was convicted for kidnapping and raping the survivor when she was a minor, and directed him to furnish a personal bond of ₹15 lakh with three sureties of the like amount.
It also directed him not to come within a 5-km radius of the survivor's residence in Delhi and not to threaten her or her mother. Violation of any of the conditions would lead to the cancellation of bail, the HC said.
The victim's take
The victim in the 2017 Unnao rape case on Sunday said that she has faith that she will get justice from the Supreme Court and appealed to Uttar Pradesh chief minister Yogi Adityanath to ensure her safety so she can fight her legal battle without fear.
Speaking during a protest in Delhi, the Unnao rape victim claimed that Sengar had bribed officials, including the CBI Investigating Officer and Delhi high court judge, and said her family had suffered severe consequences since Kuldeep Singh Sengar's bail.
"I have faith that I will get justice in the Supreme Court. Kuldeep Sengar has bribed (Delhi HC) judge and CBI Investigating Officer. My husband's job was snatched away, my children and witnesses are under threat. Protection must be provided to those whom we name in front of the CBI. I request CM Yogi Adityanath to protect me in a way that I am able to fight my battle fearlessly," the rape victim said to ANI.
