The apex court noted that Sengar has been convicted in a separate offence as well and directed not to release him based on the 23 December high court order.
Published Dec 29, 2025 | 1:02 PM ⚊ Updated Dec 29, 2025 | 1:02 PM
Supreme Court of India. (iStock)
Synopsis: The Supreme Court stayed the Delhi High Court order that granted bail and suspended the life sentence awarded to BJP leader and former Uttar Pradesh MLA Kuldip Singh Sengar in the Unnao rape case. Sengar was convicted by a Delhi trial court in December 2019 for offences under the IPC and POCSO Act and was sentenced to imprisonment for the remainder of his natural life.
The Supreme Court on Monday, 29 December, stayed the Delhi High Court order that granted bail and suspended the life sentence awarded to BJP leader and former Uttar Pradesh MLA Kuldip Singh Sengar in the Unnao rape case.
The vacation bench comprising Chief Justice of India (CJI) Surya Kant, Justice JK Maheshwari and Augustine George Masih issued notice to Sengar on appeal filed by the CBI against the high court order.
The apex court was hearing an appeal filed by the CBI against the Delhi High Court’s 23 December verdict suspending the life sentence awarded to Sengar by the trial court. Solicitor General Tushar Mehta appeared for the CBI.
The apex court noted that Sengar has been convicted in a separate offence as well and directed not to release him based on the 23 December high court order.
“Issue notice. We have heard Solicitor General Tushar Mehta for CBI and Senior Advocate for the convict. We find that there are various substantial questions of law which arise. The counter should be filed in four weeks. We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. However, in view of peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi High Court order dated 23 December, and thus the respondent shall not be released pursuant to the said order,” the court said, reported Bar and Bench.
The apex court also raised apprehensions that the high court’s interpretation of the word “public servant” under Section 5 of the Protection of Children from Sexual Offences Act (POCSO Act) could be erroneous and could give immunity to lawmakers.
“Legal issue requires consideration, and the judges of the high court who passed this order are some of the finest judges. But we are all prone to errors! Please see this definition of a public servant under POCSO. We are worried that a constable shall be a public servant under the act, but a member of the legislature will be excluded,” the top court remarked.
Sengar was convicted by a Delhi trial court in December 2019 for offences under the IPC and POCSO Act and was sentenced to imprisonment for the remainder of his natural life.
During the hearing, SG Mehta noted, “This is a horrific case of rape of a child. Charges were framed under Section 376 IPC and Sections 5 and 6 of the POCSO Act. Conviction is on two counts. I have quoted all relevant parts. Para 3 of my note has a conviction order. There is a finding recorded which says the child was less than 16 and was 15 years 10 months. Against this conviction, an appeal is pending.”
One of the grounds on which the high court had suspended Sengar’s sentence was that he had already served the maximum punishment of seven years’ imprisonment under the law.
However, the SG disputed this and said that the minimum punishment for the offence committed by Sengar is 20 years after the amendment to provisions on rape.
The SG further said that the high court’s finding regarding Sengar not being a ‘public servant’ was also irrelevant since the victim is a minor.
