Supreme Court Orders Fresh Hearing in Unnao Rape Case
The Supreme Court has set aside a Delhi High Court order that had suspended the life sentence of former Uttar Pradesh legislator Kuldeep Singh Sengar in the 2017 Unnao rape case. The apex court directed the High Court to rehear the matter from the beginning and take an independent decision without being influenced by earlier observations.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi asked the High Court to reconsider the suspension of sentence and ensure that the matter is decided afresh in accordance with law.
High Court Directed to Decide Appeal Within Two Months
The Supreme Court also instructed the Delhi High Court to make efforts to decide Sengar’s main appeal against his conviction and life imprisonment within two months. If the appeal cannot be decided within that period, the High Court should first decide the application seeking suspension of sentence before the summer vacation.
The court clarified that it was not expressing any opinion on the merits of the case and left all legal questions open for reconsideration by the High Court.
Key Legal Issue to Be Re-examined
The Supreme Court asked the High Court to re-evaluate whether an elected representative can be treated as a public servant under provisions of the Protection of Children from Sexual Offences Act for the purpose of prosecution. This legal interpretation had earlier played a key role in the High Court’s decision to suspend the sentence.
Background of the Case
The Delhi High Court had earlier suspended the life sentence of Kuldeep Singh Sengar while hearing his appeal, noting that he had already spent several years in custody. The decision had sparked legal and public debate, especially over the interpretation of “public servant” under criminal law provisions.
Earlier Supreme Court Action
The Supreme Court had previously intervened in the matter after the Central Bureau of Investigation challenged the High Court’s suspension order. The apex court had stayed the release order and directed that Sengar should not be released from custody pending further hearing.
Public and Legal Reaction
The High Court’s earlier ruling had drawn strong reactions, including protests and criticism from activists and the victim’s family. The case has also raised wider legal questions regarding interpretation of POCSO provisions and accountability of elected representatives.
