The Delhi High Court has suspended the life sentence of expelled Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao sexual assault case involving a minor survivor on the grounds that the offence of aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act (POCSO), 2012, was not prima facie made out at the interim stage.
The Division Bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar on Tuesday allowed Sengar’s application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, pending adjudication of his statutory appeal against conviction.
The High Court observed that Sengar could not be brought within the scope of Section 5(c) of the POCSO Act or Section 376(2)(b) of the Indian Penal Code, 1860, which prescribe enhanced punishment for an offence committed by a public servant.
It further observed that the essential ingredients of Section 5(p) of the POCSO Act, which dealt with aggravated assault by a person in a position of trust or authority, were also not attracted on a prima facie assessment.
Section 5 of the POCSO Act enumerates specific aggravating circumstances, including commission of the offence by public servants, police personnel, members of the armed or security forces, or persons exercising institutional control over the child. Where these conditions are met, punishment under Section 6 mandates a minimum sentence of 20 years’ rigorous imprisonment, extendable to imprisonment for the remainder of the offender’s natural life.
While convicting Sengar in December 2019, the trial court had proceeded on the footing that an elected representative fell within the meaning of “public servant” and that the alleged abuse of political authority warranted application of the aggravated provisions.
The High Court, however, expressed a prima facie disagreement with that construction, holding that an elected legislator did not fall within the statutory contours of ‘public servant’ for the limited purpose of Section 5(c) of the POCSO Act. Besides, the offence could not be elevated to an aggravated category merely on account of political office.
The Division Bench noted that once the aggravated charge was excluded, the applicable offence would fall under Section 3 read with Section 4 of the POCSO Act, which, prior to its amendment in 2019, prescribed a minimum sentence of seven years’ rigorous imprisonment.
Taking note of the fact that Sengar had already undergone approximately seven years and five months of incarceration, the High Court held that he had served more than the minimum sentence prescribed under Section 4, thereby satisfying the threshold for consideration of suspension of sentence.
While ordering his release, the Division Bench imposed stringent conditions to safeguard the interests of the survivor and to ensure the integrity of the appellate process.
Sengar was directed to furnish a personal bond of Rs 15 lakh along with three sureties of the like amount. He was restrained from entering within a 5-km radius of the survivor’s residence and was directed to remain in Delhi for the duration of the pendency of the appeal.
He was further directed to surrender his passport before the trial court, report to the local police station once every week, and refrain from directly or indirectly contacting, threatening or influencing the survivor or her family.
The Division Bench also made it clear that Sengar must remain available to serve the remainder of his sentence in the event the appeal failed.
The High Court directed that the criminal appeal and connected applications be listed before the appropriate roster Bench, subject to orders of the Chief Justice, on January 15, 2026.
Sengar had earlier been granted interim bail on medical grounds to undergo cataract surgery at the All India Institute of Medical Sciences, New Delhi. Similar interim relief had been extended on previous occasions.
The prosecution stemmed from allegations that the minor survivor was abducted and repeatedly sexually assaulted between June 11 and June 20, 2017, and was subsequently trafficked for monetary consideration before being recovered from a police station in Unnao district.
It was further alleged that she was subjected to intimidation and coercion to prevent disclosure of the offence, with the involvement of local police officials. An FIR was eventually registered for offences, including rape, kidnapping, criminal intimidation and violations under the POCSO Act, following judicial intervention, and Sengar was arrested pursuant to directions issued by the Allahabad High Court.
In August 2019, the Supreme Court, exercising its powers under Articles 136 and 142 of the Constitution, transferred the trial in all connected cases from Uttar Pradesh to Delhi, directing day-to-day proceedings and completion within a fixed timeline, after taking cognisance of concerns raised by the survivor regarding safety and fair trial.
The trial culminated in Sengar’s conviction and sentence of life imprisonment by the trial court, which had also found him guilty in a related case concerning the custodial death of the survivor’s father. The appeal against his conviction is pending before the High Court.
The post Delhi High Court suspends life sentence of expelled BJP leader Kuldeep Singh Sengar in 2017 Unnao sexual assault case appeared first on India Legal.