Stay updated with the latest - Click here to follow us on Instagram
Agitators, including women activists, held placards as they staged a protest against the suspension of the jail term of Kuldeep Sengar, a former BJP MLA who was convicted in the Unnao rape case, outside the Delhi High Court, in New Delhi, Friday, Dec. 26, 2025. (PTI Photo)
The Supreme Court on Monday put a stay on the Delhi High Court order that suspended convict Kuldeep Singh Sengar’s life sentence and granted him bail in 2017 Unnao rape case.
A three-judge bench presided by Chief Justice of India Surya Kant stated that if it were to accept the High Court’s interpretation that Sengar does not fall within the definition of a public servant, then it would mean that a police constable would be a public servant but an MLA is not.
Earlier in the day, security forces were deployed outside the apex court premises. Last week, a division bench of the HC suspended the life term of the convict in the rape of a minor in Uttar Pradesh’s Unnao district, triggering public outrage, including by the victim and her family. Describing the order as “contrary to law” and “perverse”, the Central Bureau of Investigation (CBI) Friday moved the Supreme Court, challenging the HC’s finding that he was not a public servant when he committed the offence.
Here’s all you need to know about the case in SC today:
Expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Sengar was convicted and sentenced to life imprisonment in December 2019 by a Delhi trial court in the Unnao rape case.
Sengar, an ex-BJP MLA from UP's Bangarmau, used to regularly change parties as well as Assembly constituencies, and was seen as the most prominent Thakur leader in the Brahmin-dominated Unnao district.
A Delhi trial court had found Kuldeep Sengar guilty under Section 376 (2) (rape) of the IPC and Sections 5(c) & 6 of the POCSO Act for raping a minor girl in Unnao in Uttar Pradesh. It had ruled that Sengar qualified as a ‘public servant’, relying on the term’s definition under the Prevention of Corruption Act (PCA) which includes MLAs.
The case was later probed and prosecuted by the CBI.
Sengar was also sentenced for 10 years in March 2020 over the death of the survivor’s father in judicial custody (culpable homicide not amounting to murder).
On December 23, 2025, the Delhi High Court suspended the jail term of Kuldeep Sengar, who is serving life imprisonment in the 2017 Unnao rape case, allowing his release on conditional bail.
In its order, the HC ruled that his former status as an MLA does not bring him under the ambit of a ‘public servant’ as defined under the Indian Penal Code (IPC).
In its appeal to the Supreme Court, the CBI has said the Delhi HC “failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate, and that such a position carries heightened responsibility arising from duties owed to the State and society”.
It underlined that the court “has ignored that releasing” Kuldeep Sengar “on bail and suspending his sentence during the pendency of the appeal would not only be against the law but would also jeopardise the well-being and safety of the victim/survivor and her family”.
Following the order of the Delhi HC, the Unnao rape survivor met CBI officials in the Capital on Saturday and filed a complaint, alleging that the Investigating Officer (IO) in the case is “hand in glove” with the accused, and his family.
“I was in the court during the announcement, and it was a setback. I wanted to commit suicide then and there, but did not because of my children and my family who have stood by me,” she said.
She also went to the Delhi High Court to ask the judge why Sengar’s sentence had been suspended. However, she was told that the court was closed.
In her complaint, she sought security for the witnesses as well as for her family members and friends who supported her in the case.
On Saturday, the victim’s mother, along with activists, staged a protest outside the Delhi High Court.
Delhi also witnessed protests by politicians and activists at Jantar Mantar and near Parliament over the past week. Women rights activist Yogita Bhayana, Congress leader Mumtaz Patel and several other protesters who were staging a sit-in near the Parliament complex were detained by the police and later released.
The victim said she has planned to hold a demonstration at Jantar Mantar on Monday, December 29.
Stay updated with the latest - Click here to follow us on Instagram