Unnao rape case: SC quashes suspension of Sengar’s life sentence

The Supreme Court on Friday set aside a Delhi High Court order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed the high court to hear the matter afresh.

A bench comprising Chief Justice of India Surya Kant and justice Joymalya Bagchi asked the Delhi High Court to make efforts to decide Sengar’s main appeal against his conviction and life imprisonment within two months.

The apex court further observed that if the appeal could not be decided within that period, the high court should pass an order on Sengar’s plea seeking suspension of his sentence before the commencement of its summer vacation.

The bench clarified that it had not expressed any opinion on the merits of the case and said the high court was free to reconsider the matter independently.

The Supreme Court also asked the high court to freshly examine legal questions raised in the case, including whether an elected MLA could be treated as a “public servant” for prosecution under provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The top court had earlier stayed the Delhi High Court’s order granting relief to Sengar following widespread public criticism and protests.

On 29 December last year, the Supreme Court had directed that Sengar should not be released from custody while hearing a petition filed by the Central Bureau of Investigation (CBI) challenging the suspension of his sentence.

In its order dated 23 December 2025, the Delhi High Court had suspended Sengar’s life sentence pending the hearing of his appeal, noting that he had already spent more than seven years in prison.

The high court had observed that although Sengar was convicted under provisions relating to aggravated penetrative sexual assault by a public servant under the POCSO Act, an elected representative did not fall within the definition of a “public servant” under Section 21 of the Indian Penal Code.

The ruling drew sharp criticism from several quarters, including the victim’s family and activists, who staged protests against the suspension of Sengar’s sentence.

Sengar, a former BJP legislator from Uttar Pradesh, was convicted and sentenced to life imprisonment in the Unnao rape case, which had triggered nationwide outrage and intense political controversy.

With PTI inputs