Unnao rape case convict Kuldeep Singh Sengar has got a big blow from the Supreme Court. On Monday (December 29, 2025), the Supreme Court stayed the order of the Delhi High Court, in which Sengar’s life imprisonment was suspended. The Central Bureau of Investigation (CBI) strongly opposed the High Court’s decision.
Solicitor General Tushar Mehta appeared on behalf of CBI before the bench of Chief Justice Surya Kant, Justice JK Maheshwari and Justice Augustine George Masih. He argued and said, ‘For example, when a constable commits such an act while on duty, will he be guilty? Similarly, will an army officer be guilty of serious sexual harassment if he commits such an act while on duty? The definition of public servant is not given in this Act and it has been defined by borrowing, that is, the definition will be the same as stated in the IPC, but the definition should be as per the context, unless the context states otherwise.
On this argument of SG, CJI Surya Kant asked, ‘So you are saying that a public servant is a person who is in a dominant position at that time. That is, when someone comes to the MLA for help, the act committed is in a state of dominance and any such act will be considered a serious crime. That’s your argument?’
The High Court bench comprising Justice Subramaniam Prasad and Justice Harish Vidyanathan Shankar had said in its December 23 decision that Sengar cannot be defined as a public servant under Section 5 (c) of POCSO and Section 376 (2) (b) of the IPC. The court said that Sengar does not fall under Section 5(p) of POCSO, which punishes serious sexual harassment by a person holding a position of trust or authority.
The CBI has challenged the High Court’s argument that a case of sexual harassment could not be made out against Sengar because he was not a public servant. CBI says that MLA is a constitutional post, which discharges such duties which are in the interest of the state and the wider community. In the year 2017, the then Uttar Pradesh MLA Kuldeep Singh Sengar was accused of rape by a minor girl from Unnao district.
Initially the police refused to register her FIR and the family received threats. In 2018, the victim attempted self-immolation outside the CM residence at 5 Kalidas Marg in Lucknow, following which the case was handed over to the CBI due to nationwide protests and media outcry.
The Supreme Court transferred the case from Uttar Pradesh to Delhi for a fair trial and in 2019, the Delhi trial court convicted Sengar of rape and sentenced him to life imprisonment. Sengar has also been convicted in the cases of custodial death of the victim’s father and influencing witnesses and has been sentenced to 10 years imprisonment in this case.
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Unnao Rape Case: Big blow to convict Kuldeep Sengar from SC, ban on bail and suspension of sentence
