Unnao Rape Case: SC Overturns HC Decision, Sengar's Sentence Suspension Lifted

The Supreme Court on Friday overturned a Delhi High Court decision that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The apex court directed the High Court to re-examine the matter afresh and urged it to decide Sengar’s main appeal against conviction and life imprisonment within two months. If expedited resolution isn’t possible, the High Court must rule on Sengar’s plea to suspend his sentence before its summer vacation begins.

The bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, clarified it was not expressing any opinion on the case’s merits and emphasized that the High Court should independently reassess all issues—including whether an elected MLA qualifies as a “public servant” under Section 21 of the Indian Penal Code for prosecution under the POCSO Act. This follows earlier public outcry after the High Court had granted Sengar bail, which the Supreme Court previously stayed.

On December 23, 2025, the Delhi High Court had suspended Sengar’s life term, arguing that as an elected representative, he did not meet the legal definition of a public servant under IPC Section 21, despite his conviction under Section 5(C) of the POCSO Act for aggravated penetrative sexual assault by a public servant. The High Court noted he had already served over seven years in prison. This ruling triggered widespread criticism and protests from the victim, her family, and activists.