Delhi HC suspends Sengar's jail term in Unnao rape case
Delhi HC suspends Sengar's jail term in Unnao rape case
Delhi High Court suspends Kuldeep Sengar's life sentence in the 2017 Unnao rape case until the appeal is decided, citing time served and setting bond conditions.
In a development that shifts the trajectory of the high-profile Unnao case, the Delhi High Court suspended the life sentence awarded to expelled BJP leader Kuldeep Singh Sengar in the 2017 rape case until the pendency of his appeal challenging the conviction and sentence. The court noted that he has already served seven years and five months in prison and will, for now, continue to be jailed because he is also serving a 10-year imprisonment in the April 2018 custodial death case of the rape survivor’s father. The bench directed Sengar to furnish a personal bond of ₹15 lakh with three sureties of the like amount. Without delving into the merits of the case, the court held that for the purpose of suspension of sentence, Sengar cannot be brought within the ambit of aggravated penetrative sexual assault under the Pocso Act or under Section 376(2) of the IPC, which provides for life imprisonment. The court also observed that before the Pocso Act was amended in 2019, the minimum punishment under Section 4 of the Act was seven years, which Sengar had already undergone. It noted that the appellant was not falling under the definition of a “public servant,” and hence the offense under Section 5 of the Pocso Act was not made out against him. As of the date of the order, Sengar remains in custody due to the separate custodial death case, and the suspension is limited to the pendency of his appeal.
The judgment clarifies that the decision to suspend does not amount to an acquittal or a final determination on the underlying charges. The court emphasized that the suspension is conditional and contingent on the ongoing appellate process, with a clear reminder that the broader legal questions surrounding the case remain to be resolved in due course. The order also included travel restrictions: Sengar was directed not to come within a 5-km radius of the victim’s house, a measure aimed at preventing potential interference with witnesses and the ongoing proceedings. The ruling reflects the court’s attempt to balance the time already served with the rights of the applicant to pursue an appeal, while ensuring the integrity of the investigation and trial processes continue unimpeded.
