HC suspends Sengar’s jail term in Unnao rape case

NEw new new delhi: The Delhi heights margaret court on tues suspended the life sentence awarded to expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Sengar in the 2017 Unnao rape case till the pendency of his appeal challenging his conviction and sentence in the case, noting that he has already served seven years and five months in prison.Pronouncing the judgment, a division bench of justices Subramonium Prasad and Harish Vaidynathan Shankar directed Sengar to furnish a personal bond of ₹15 lakh with three sureties of the like amount. Sengar has challenged the December 2019 verdict of a trial court that sentenced him to life imprisonment in the rape case.The court said that it was of the prima facie view that for the purpose of suspension of sentence, the appellant (Sengar) cannot be brought into the ambit of “aggravated penetrative sexual assault” under Section 5 of the Protection of children from sexual offences (Pocso) Act or under Section 376(2) (aggravated rape) of the Indian Penal Code (IPC), which provides for life imprisonment.Without going into the merits of the case, the bench noted that before the Pocso Act was amended in 2019, the minimum punishment under Section 4 of the Act was seven years, which Sengar had already undergone.“The appellant was sentenced for the remainder of his life and as on November 30, 2025, he has spent about 7 years and 5 months under incarceration, which is more than the minimum punishment prescribed under Section 4 of the Pocso Act, as it existed at the time when the offence was committed,” the bench noted.It further held that Sengar was not falling under the definition of a “public servant” and hence the offence under Section 5 of Pocso Act was not made out against him.To be sure, Sengar will remain in jail since he is also serving a 10-year imprisonment in the April 2018 custodial death case of the rape survivor’s father. His appeal against his conviction in the custodial death case is also pending before the court.The victim’s counsel, advocate Mehmood Pracha, contended that the probe in the case had been faulty and the accused, being in a position of power, had purportedly bent the law to his advantage.The court, however, responded that the contention cannot be a ground not to suspend Sengar’s sentence, keeping in mind the period of incarceration he had already undergone.On Pracha’s submission that there was threat to the victim’s life, the court said it expects the Central Reserve Police Force (CRPF) to continue to provide safety to the survivor, keeping in view the incidents that took place following the rape, including the murder of victim’s father and an accident involving her family and lawyer.“At the same time, however, the argument of keeping the appellant in custody because of threat perception to the victim/ survivor, in the opinion of this court, is not a tenable argument to deny the benefit of section 389 CrPC to the appellant,” the bench said in its verdict.The court also directed the DCP of the area to personally ensure the victim’s protection and the state to provide her suitable accommodation.The bench imposed several conditions on Sengar, directing him not to come within a five-km radius of the victim’s residence in Delhi and not to threaten her or her mother. It also directed him to stay in Delhi till the time his appeal against the conviction and sentencing was pending before the high court.Sengar shall ensure that he is available to complete the remaining part of the sentence if in case he is found guilty, the bench noted. “He shall deposit his passport with the trial court and report to the local police station once a week, every Monday at 10 am,” the court said, adding that violation of any of the conditions would lead to cancellation of bail.The court listed his appeal before the roster bench on January 16, 2026, subject to orders of the chief justice.In December 2019, a trial court convicted Sengar for raping a girl in Unnao and sentenced him to imprisonment for the remainder of his life. The former BJP leader is also serving a 10-year jail term in connection with the custodial death of the rape survivor’s father, who died on April 9, 2018.The rape case and other connected cases were transferred to Delhi’s Tis Hazari court from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.