Today, the Supreme Court is scheduled to take up the petition filed by the Central Bureau of Investigation challenging the order of the Delhi High Court granting bail to former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case.
The challenge stems from a recent Delhi High Court order suspending Sengar’s sentence and releasing him on bail during the pendency of his appeal against conviction. Sengar was convicted in 2019 by a special CBI court for the rape of a minor girl in Unnao district and was sentenced to life imprisonment. Separately, he is also serving a 10-year sentence awarded in 2020 in a case relating to the culpable homicide of the survivor’s father.
Aggrieved by the suspension of sentence, the CBI has approached the Supreme Court by way of a Special Leave Petition. The matter is listed before a vacation bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice Augustine George Masih.
While granting bail, the High Court held that the aggravated offence provisions under Section 5(c) of the Protection of Children from Sexual Offences Act, 2012 and Section 376(2) of the Indian Penal Code were not attracted, as Sengar could not be categorised as a “public servant” for the purposes of those provisions.
Before the Supreme Court, the CBI has argued that this interpretation is legally flawed and undermines the object of the POCSO Act. It contended that POCSO is a special welfare legislation meant to provide enhanced protection to children, and its provisions must be interpreted purposively, particularly where abuse of authority is alleged.
In its plea, the CBI asserted that long incarceration alone cannot justify suspension of a life sentence in cases involving heinous crimes such as rape of a minor. Relying on settled Supreme Court precedent, the agency submitted that suspension of sentence in life imprisonment cases is an exception, to be exercised only in rare and compelling circumstances.
The CBI also flagged concerns regarding the safety of the survivor, pointing to Sengar’s past conduct and influence, and argued that suspending the sentence of a powerful convict risks eroding public confidence in the criminal justice system.
The Supreme Court is slated to hear the CBI’s challenge today and will examine the legality of the Delhi High Court’s order suspending Sengar’s sentence and granting bail.
Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.
Picture Source :
