Top Court Stays Bail Granted To Kuldeep Singh Sengar In Unnao Rape Case
The CBI moved the top court against the December 23 order of the Delhi High Court allowing Kuldeep Singh Sengar’s application for suspension of punishment during the pendency of his appeal.
The Supreme Court put the bail granted to Unnao rape case conviction Kuldeep Singh Sengar by the Delhi High Court on hold.
The decision came amidst heavy security outside the court premises as a three-judge Bench heard the Central Bureau of Investigation’s (CBI) plea against the Delhi High Court order that suspended the life sentence and granted bail to expel Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
A holiday bench of Chief Justice of India (CJI) Surya Kant, and Justices JK Maheshwari and Augustine George Masih took up the matter for hearing.
The CBI moved the top High Court against the December 23 order of the Delhi High Court allowing Sengar’s application for suspension of punishment during the pendency of his appeal.
Supreme Court Orders Formation Of Committee To Probe Aravallis Issue
The top High Court has ordered the formation of a high-power committee to conduct a multi-temporal investigation of the Aravalli hills and mountain ranges. The committee will include domain experts, and will work with the objective to protect the structural and ecological integrity of the mountain range.
The Court noted that the Aravallis are the only barrier stopping the Thar Desert from expanding towards the Gangetic plains.
Top Court Seeks Kuldeep Sengar’s Reply In 4 Weeks
Issuing a notice to Unnao rape case accused Kuldeep Singh Sengar, the Supreme Court asked him to file a reply in four weeks.
Supreme Court Stays Kuldeep Sengar’s Bail
The Supreme Court stayed the Delhi High Court’s order which granted bail to Unnao rape case accused Kuldeep Singh Sengar.
Chief Justice of India said there no question of taking away personal freedom (of Sengar) as he is still in jail in connection with another case.
The Supreme Court stayed the Delhi High Court order suspending the life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
The Bench, comprising of Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George, also said that there is ambiguity on the definition of ‘public servant’ under POCSO. The court issued a notice.
Solicitor General Tushar Mehta, appearing for the CBI, argued that Sengar was in a position of domination and found guilty under POCSO and of killing the victim’s father.
On December 23, the high court suspended the prison term of Sengar, who was serving a life sentence in the 2017 Unnao rape case, saying he had already served seven years and five months in prison.
Sengar has challenged the December 2019 trial court judgment in the case. However, the former BJP MLA will remain in jail as he is also serving a 10-year term for the custodial death of the rape survivor’s father.
SC inclined to tentatively stay Delhi HC’s order: CJI Surya Kant
The Chief Justice of India Surya Kant orally observes that the court is tentatively inclined to stay the Delhi High Court order suspending Kuldeep Sengar’s sentence in the Unnao rape case.
The CJI, heading a Bench comprising of Justices J.K. Maheshwari and Augustine George, also say that there is ambiguity on the definition of ‘public servant’ under the POCSO. A patwari or police constable could be convicted under section 6 of the POCSO, but an MLA would not be considered a public servant. The court issues notice.
Sengar was found guilty of killing the victim’s father: SG Mehta
Solicitor General Tushar Mehta, appearing for the CBI, reads out punishment for penetrating sexual assault provided in Section 5 of the POCSO.
“This is punished with rigorous imprisonment for a term which is not less than 20 years and extend to imprisonment for the remainder of natural life of the convict or with death,” Mr. Mehta says.
“Fortunately, Sengar was found guilty of killing the victim’s father and has not been able to come out,” Mr. Mehta points to the court.
Sengar was in position of dominance, found guilty under POCSO: SG Mehta
“Sengar was convicted under S. 2376(2)(i) of the erstwhile IPC in 2017. Minimum sentence is 20 years and maximum is imprisonment for the rest of the biological life of the convicted. The victim is below 16 years old. It is an aggravated form of rape,” Mr. Tushar Mehta argues in the Supreme Court.
The Solicitor General points that Kuldeep Singh Sengar was ‘in a position of dominance, whether he was a public servant or not at the time of the crime, as the sruvivor was a child of less than 16 years old’.
“The maximum punishment would apply in this case. He was also found guilty under the POCSO for penetrative sexual assault,” Mr. Mehta says.
Arguing for the CBI, the SG highlights that Sengar was an MLA of the area, and was very powerful.
The trial court found Sengar guilty: SG Tushar Mehta
Solicitor General Tushar Mehta, appearing for the CBI, began his argument in the Supreme Court calling the Unnao case a ‘horrific rape’.
“The survivor was a minor of a little over 15 years old at the time,” says SG Mehta.
“The charges (against Sengar) were framed under 376 IPC and Sections 5 and 6 of POCSO Act. Convictions were also under both. The trial court found Sengar guilty beyond doubt and the child was found to be below 16 years old,” Mr. Mehta adds.
Complete faith in judicial process: Unnao rape case convict Sengar’s daughter
Former BJP MLA Kuldeep Singh Sengar’s daughter has said their family has full faith in the judicial process and asked his supporters “not to lose patience”, after the CBI challenged the Delhi High Court order suspending his life sentence in the Unnao rape case.
She asked people of Unnao to abstain from resorting to any kind of protest.
In a post on X in Hindi on Saturday, Aishwarya Sengar, daughter of Kuldeep Sengar, said, “I humbly request all the people of Unnao to please refrain from resorting to any kind of protest. You are our family, and in this difficult time, we must not lose patience. We have complete faith in the judicial process. Your restraint and blessings give us strength.”
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