On Monday, the Supreme Court permitted the survivor in the Unnao rape case to participate in proceedings challenging the bail granted to former Uttar Pradesh MLA Kuldeep Singh Sengar. The Bench, led by Chief Justice of India Surya Kant, held that the victim has a legitimate right to be heard in the matter, reinforcing the principle that survivors must have a voice in proceedings affecting their rights and safety.
The case arose from the Central Bureau of Investigation’s challenge to a Delhi High Court order suspending Sengar’s life sentence and granting him bail while his appeal against conviction is pending. Sengar was convicted in 2019 for raping a minor girl in Uttar Pradesh’s Unnao district and sentenced to life imprisonment by a special CBI court. The matter gained nationwide attention amid allegations of intimidation and attacks targeting the survivor and her family. The High Court later suspended his sentence after concluding that aggravated provisions under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code were not attracted.
While considering the matter, the Apex Court allowed the victim to be impleaded in the proceedings but declined a separate intervention plea filed by her relative, citing security concerns. The Court observed that such concerns should be pursued through appropriate legal remedies before the High Court rather than through intervention in the bail challenge.
Emphasising the role of victims in criminal proceedings, the Bench noted that the survivor must be heard in matters directly affecting her rights. During the hearing, the Court observed that the victim “has a right to be heard in the proceedings.”
The Court also indicated that a date for hearing the CBI’s challenge to the bail order will be fixed shortly.
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