Supreme Court Restores Kuldeep Sengar’s Life Sentence in Unnao Rape Case

The Supreme Court on Friday set aside the Delhi High Court’s order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed the High Court to expeditiously decide his pending criminal appeal.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi passed the order in Central Bureau of Investigation v. Kuldeep Singh Sengar while hearing an appeal filed by the Central Bureau of Investigation (CBI) against the Delhi High Court’s December 2025 decision suspending Sengar’s sentence during the pendency of his appeal against conviction.

The Supreme Court directed the Delhi High Court to make an endeavour to decide Sengar’s appeal preferably within two months. The Court further clarified that if the appeal is unlikely to be heard within that period, the High Court may reconsider a fresh plea seeking suspension of sentence.

The Bench ordered:

“We allow the appeal. Set aside the impugned order. High Court shall make an endeavour to decide the main appeal within two months. In case appeal not likely to be heard, let a fresh order be passed concerning the application for suspension of sentence. No opinion expressed in merits. Nor the application for suspension of sentence be influenced by order of this Court. Let appropriate orders be passed preferably before commencement of summer vacations.”

Supreme Court Disagrees With Delhi High Court’s Interpretation Under POCSO Act

During the hearing, the Supreme Court also expressed disagreement with the Delhi High Court’s prima facie observation that the offence of aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 was not made out against Sengar.

Under the POCSO Act, penetrative sexual assault becomes aggravated penetrative sexual assault when committed by a public servant or a person in a position of trust or authority.

The Delhi High Court, while suspending Sengar’s sentence, had observed that he could not strictly be termed a public servant or a person in a “position of trust or authority” for the purpose of attracting the aggravated offence under the statute. This was one of the principal grounds on which his sentence was suspended.

However, Justice Bagchi orally observed:

“We do not endorse the hyper-technical conclusion of the High Court. This is a penal legislation which protects children from sexual exploitation.”

Appearing for the CBI, Solicitor General Tushar Mehta submitted:

“MLA is in a dominant position.”

Meanwhile, Senior Advocate N Hariharan, appearing for Sengar, questioned the applicability of the POCSO Act and argued that the prosecutrix was not a minor.

Hariharan told the Court:

“I am in the position to show that the prosecutrix is not a minor. The AIIMS board says she was not a minor. All reports are in his favour still he is in jail.”

Background of the Unnao Rape Case

The case pertains to allegations that a 17-year-old girl was kidnapped and raped by Sengar between June 11 and June 20, 2017, in Unnao. According to the prosecution, the survivor was later sold for ₹60,000 before being recovered at the Maakhi police station.

The survivor also alleged that she was continuously threatened and warned by police officials against speaking out, allegedly at Sengar’s instance.

An FIR was subsequently registered against Sengar under charges of rape, kidnapping, criminal intimidation and provisions of the POCSO Act. He was later arrested following an order passed by the Allahabad High Court.

In August 2019, the Supreme Court of India transferred the trial in four connected Unnao rape cases to New Delhi and directed that the proceedings be conducted on a day-to-day basis and completed within 45 days.

In December 2019, the trial court convicted Sengar and sentenced him to life imprisonment along with a fine of ₹25 lakh.

Sengar subsequently challenged the conviction before the Delhi High Court, where his appeal remains pending. In December 2025, a Division Bench of the Delhi High Court suspended his sentence during the pendency of the appeal and granted him bail, while directing him not to come within a five-kilometre radius of the survivor and to remain in Delhi during the bail period.

The Supreme Court’s latest order came on the CBI’s appeal challenging this interim relief granted to Sengar.

The Unnao rape case has remained one of the most significant criminal cases involving allegations against a politically influential figure, raising concerns regarding witness protection, abuse of authority and the challenges faced by survivors in pursuing justice against powerful accused persons.