The Central Bureau of Investigation (CBI) has challenged a Delhi High Court order granting bail to former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case. The agency has filed a petition with the Supreme Court contesting the High Court’s decision to suspend Sengar’s sentence pending his appeal against conviction.
CBI Challenges High Court’s Bail Decision
The Delhi High Court, in its earlier ruling, determined that aggravated offence provisions under Section 5(c) of the Protection of Children from Sexual Offences Act and Section 376(2) of the Indian Penal Code did not apply in Sengar’s case, as he could not be classified as a “public servant” under those provisions. This reasoning led the court to suspend his sentence.
The CBI argues that the High Court’s decision weakens the protections afforded by the Protection of Children from Sexual Offences Act, 2012, and is legally unsustainable given the severity of the crime and established principles regarding the suspension of life sentences.
The investigating agency strongly objects to the High Court’s conclusion that an MLA does not meet the definition of a “public servant” for the purposes of Section 5(c) of the POCSO Act. The CBI contends that this narrow interpretation undermines the statute’s objective of providing enhanced protection to children and treating abuse of authority as an aggravating factor.
The petition further argues that the High Court failed to interpret the POCSO Act purposefully, despite the case involving the sexual assault of a minor. The CBI asserts that as a special welfare legislation, the POCSO Act’s provisions should be interpreted to strengthen, not restrict, the safeguards intended by Parliament.
The CBI submitted that the length of incarceration alone should not be grounds for suspending a life sentence in cases involving heinous crimes like the rape of a minor. The agency highlighted previous Supreme Court rulings stating that suspending a life sentence is an exception, granted only in rare and compelling circumstances.
The petition cites Supreme Court precedents, emphasizing that the seriousness of the offense, the manner in which it was committed, the accused’s role, and potential threats to the victim and witnesses should be heavily considered when deciding on a sentence suspension. The CBI alleges the High Court did not adequately address these factors.
The CBI also expressed concerns about the safety of the victim, arguing that Sengar’s release poses a risk given his past conduct and influence. The agency warned that suspending the sentence of a powerful convict in such a case undermines public trust in the criminal justice system and sends a troubling message regarding sexual violence against children.
Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao district, Uttar Pradesh, and sentenced to life imprisonment. The case garnered national attention, with the survivor and her family alleging sustained harassment and intimidation by the former legislator and his associates. The CBI investigated several related cases, including attacks on the survivor’s family, at the direction of the Supreme Court.
Sengar is also serving a 10-year sentence imposed in 2020 in a separate case related to the culpable homicide of the survivor’s father.
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