The Supreme Court on Friday cancelled the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The top court also directed the High Court to decide Sengar’s pending appeal against conviction preferably within two months.
A bench of Justice Surya Kant and Justice Joymalya Bagchi allowed the Central Bureau of Investigation’s (CBI) plea challenging the Delhi High Court’s December 2025 decision that granted Sengar bail during the pendency of his appeal.
The Supreme Court clarified that it had not expressed any opinion on the merits of the case. However, it said the High Court could reconsider Sengar’s plea for suspension of sentence if the appeal is not decided within the given time frame.
Supreme Court Questions Delhi High Court Observation
During the hearing, the Supreme Court strongly disagreed with the Delhi High Court’s earlier observation regarding the applicability of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court had stated that Sengar, despite being an MLA, may not fall under the category of a “public servant” or a person holding a “position of trust or authority” under the aggravated offence provisions of the law.
Justice Joymalya Bagchi observed that the court did not agree with such a “hyper-technical conclusion,” stressing that the POCSO Act is meant to protect children from sexual exploitation.
Solicitor General Tushar Mehta, appearing for the CBI, argued that an MLA clearly holds a dominant and influential position in society.
Defence Raises Question Over Survivor’s Age
Senior advocate N Hariharan, representing Kuldeep Singh Sengar, questioned the applicability of the POCSO Act in the case. He argued that medical reports indicated the survivor may not have been a minor at the time of the alleged offence.
The matter remains under consideration before the Delhi High Court as part of Sengar’s appeal against conviction.
Background of the Unnao Rape Case
Kuldeep Singh Sengar is accused of kidnapping and raping a 17-year-old girl in June 2017 in Uttar Pradesh’s Unnao district. The survivor had also alleged that she was threatened against speaking out.
An FIR was later registered against Sengar under charges of rape, kidnapping, criminal intimidation and provisions of the POCSO Act. He was arrested after directions from the Allahabad High Court.
In 2019, the Supreme Court transferred the trial from Uttar Pradesh to Delhi and ordered that proceedings be completed quickly.
Later that year, a Delhi trial court convicted Sengar and sentenced him to life imprisonment. The court also imposed a fine of ₹25 lakh.
Protests Erupt After Delhi High Court Order
The Delhi High Court order suspending Sengar’s sentence in December 2025 had sparked protests in several parts of the country.
Women’s rights groups, opposition leaders and the survivor’s family criticised the decision and raised concerns about the survivor’s safety.
Protests were held near India Gate and outside the Delhi High Court, where demonstrators argued that granting relief to Sengar weakened public faith in justice, especially in cases involving sexual violence against minors and influential political figures.
Kuldeep Singh Sengar’s Political Influence in Unnao
Kuldeep Singh Sengar was considered one of the most influential political figures in Unnao and had served as a four-time MLA from different political parties.
He won Assembly elections on a Bahujan Samaj Party ticket in 2002, on Samajwadi Party tickets in 2007 and 2012, and later joined the Bharatiya Janata Party before winning again in 2017.
Sengar was widely known as a strong political operator with significant influence over local caste equations and grassroots politics in the region.
