SC stays order suspending Kuldeep Singh Sengar's life sentence in Unnao rape case

New Delhi: The Supreme Court on Monday stayed the Delhi High Court’s December 23 order that had suspended the life sentence awarded to former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and granted him conditional bail.

A three-judge vacation bench passed the interim order while hearing the CBI’s plea challenging the High Court ruling, and directed that Sengar shall not be released pursuant to that order.

The apex court noted the “peculiar facts” of the case, including that Sengar is already serving a separate 10-year sentence in the custodial death case of the survivor’s father, and remains in jail.

The High Court, while suspending the life sentence pending appeal, had cited the period of incarceration already undergone by Sengar and imposed conditions, including a personal bond, restrictions on approaching the survivor or her family, and limits on his movement.

The CBI moved the Supreme Court against the order, contending that the High Court erred in its prima facie findings, including on the applicability of aggravated sexual assault provisions under the POCSO Act, and flagged concerns over the convict’s influence and the impact on public confidence in the justice system.

Sengar was convicted by a Delhi trial court in December 2019 and sentenced to life imprisonment for the remainder of his natural life. The trial had been shifted to Delhi on the Supreme Court’s directions.

With Monday’s stay, Sengar will continue to remain incarcerated, while the appeal in the rape conviction remains pending before the High Court.