The Supreme Court on Friday set aside the Delhi High Court order suspending the life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case and asked it to decide the plea afresh.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the Delhi High Court to hear afresh Sengar’s plea seeking suspension of sentence before the summer vacation and make endeavours to decide his appeal against conviction and life imprisonment within two months.
The Supreme Court also asked the High Court to reconsider issues including whether an MLA can be treated as a “public servant” for prosecution under provisions of the POCSO Act.
While setting aside the High Court order granting bail to Sengar, the apex court clarified that it had not expressed any opinion on the merits of the case and that the High Court was free to proceed afresh.
Earlier, the top court had deferred to the first week of May the hearing on a plea filed by the CBI challenging the suspension of Sengar’s life sentence. On December 29 last year, it had stayed the Delhi High Court order suspending his sentence and directed that he should not be released from custody.
In its December 23, 2025 order, the Delhi High Court had observed that though Sengar was convicted under Section 5(C) of the POCSO Act dealing with aggravated penetrative sexual assault by a public servant, an elected representative did not fall within the definition of “public servant” under Section 21 of the IPC.
The High Court had suspended Sengar’s life sentence during the pendency of his appeal, noting that he had already spent more than seven years in jail. The order had triggered widespread criticism and protests by the survivor, her family and activists.
(With inputs from PTI)
